WORDS OF WISDOM
A LEGAL BLOG BY WARDS LAWYERSPC
WARDS OF WISDOM
This WARDS LAWYERSPC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
LITIGATION POSTS
THE GRAVE DUTY OF DISPOSING OF REMAINS – WHO MAKES THE FINAL CALL?
When an individual passes away, they often leave specific directions to their loved ones regarding how they would like their remains to be disposed of.
PARTING WAYS AND PARTITIONING PROPERTY – WHAT HAPPENS TO PROPERTY ON A BUSINESS PARTNERSHIP DISSOLUTION
You and another individual have come together to form a business partnership. You have each brought your own property and assets into the partnership to
ROAD ACCESS ACT: CLOSING PRIVATE ROADS
My neighbour blocked a private road on their property and now I am unable to access my own property, what do I do? To determine
WHAT’S IN A NAME? A LOT AND YOU NEED TO GET IT RIGHT!
If you are commencing a lawsuit against a unincorporated business, do you know how to name them correctly on the claim? It may sound like
ONTARIO POST-SECONDARY INSTITUTIONS – SILENCE IS NOT FOR SALE
Fall is upon us which means back-to-school, sweater weather and warm beverages. This is also the time of year many will return to, or start,
ENFORCING LANDLORD AND TENANT BOARD ORDERS IN THE SMALL CLAIMS COURT
You’re a landlord with a tenant who will not pay rent. You’ve followed all of the necessary procedures and now have a Judgment from the
PLEADINGS IN CIVIL PROCEEDINGS TO REMAIN CIVIL
Civil proceedings don’t arise on a person’s best day. Often, a party feels they’ve been wronged by someone, and they want their day in court
COMPROMISING OR INTIMATE PICS OF YOU POSTED ONLINE WITHOUT YOUR CONSENT? AS MY LAWYER DAD USED TO SAY, "SUE THE BASTARDS".
Publishing online very personal or intimate information or images of another may now be a very costly mistake. Not long ago the Ontario Court granted, in
STOKE THAT FIRE, BUT KNOW YOUR RIGHTS ABOUT FIRE LOSS. PREVENTION IS KEY.
The cool fall air has finally arrived. Cords of wood are being delivered and wood stoves are being fired up. Gas fireplaces are being flicked
SUED FOR DEFAMATION? CONSIDER "I’M SORRY" TO REDUCE YOUR POTENTIAL LIABILITY – IT WORKS.
In Ontario, unlike any other jurisdiction to my knowledge, we’ve made the act of saying “sorry” part of our legal system, for which there are
$#@&% COLLECTION AGENCY – CAN THEY DO THIS TO ME? WHAT ARE MY RIGHTS? YOUR ANSWERS…….
Can this *&$@*# collection agency do this? What are my rights? In Ontario, collection agencies must be registered with the Government of Ontario and must follow
CKL TENANTS BEWARE! LANDLORDS CAN NOW GET EVICTION ORDERS WITHOUT PRIOR NOTICE TO YOU. WHAT YOU NEED TO KNOW TODAY………….
New Ontario legislation now allows ex parte (i.e., without any notice) eviction orders, allowing landlords to obtain an eviction order without appearing before the Landlord and
CKL COMMERCIAL LANDLORDS – DISTRAINT OR TERMINATE, BUT NOT BOTH – IT’S ILLEGAL
Many commercial landlords do not realize – if you are owned rent by your tenant, you must choose between locking the doors/distraining and termination of
I'M NOT HAPPY WITH THE JUDGMENT – SHOULD I APPEAL IT? WHAT GROUNDS DO I NEED TO APPEAL? WHAT SHOULD I LOOK FOR BEFORE I APPEAL?
So, you endured the litigation process and received a judgment. But you’re not happy with it, as many experience. Statistically, most cases are never appealed
NEW LANDLORD/TENANT LAW NOW IN EFFECT IN THE CKL – MORE PROTECTION TO TENANTS. WHAT TENANTS/LANDLORDS NEED TO KNOW TODAY.
The Ontario government is increasing fines for unlawful evictions and reinforcing the necessity for landlords to explore repayment agreements before considering evictions. These measures are
SO, YOU’VE BEEN DEFAMED. HAVE YOU? DEFAMATION – THE BASICS.
Defamation has two forms: libel (written words) and slander (spoken words). For a defamation case, a person must prove: 1. the words at issue were
ONLY IN ONTARIO – SAYING "SORRY" CAN LIMIT OR ELIMINATE THE DAMAGES YOU PAY FOR DEFAMING ANOTHER.
In Ontario, unlike any other jurisdiction to my knowledge, we’ve made the act of saying “sorry” part of our legal system, for which there are
DOING BUSINESS IN THE CKL – TIMES HAVE CHANGED – YOU NEED PROTECTIVE, USEFUL WORKPLACE POLICIES – WE’VE GOT YOU COVERED – 25 POLICIES; FULL COMPLIANCE WITH THE LAW – A FIXED PRICE. LET’S GET STARTED.
The “new normal” in the CKL means transforming how we conduct business, both in our stores and online. Conducting business has changed….and will continue to
CKL FARMERS – MORE PROTECTION AGAINST TRESPASS ON YOUR LANDS AND THEFT OR ABUSE OF YOUR LIVESTOCK – NEW RULES FOR ANIMAL WELFARE AND PEACEFUL PROTESTS. NEW HOTLINE FOR ANIMAL ABUSE.
The Ontario government is focusing more on balancing the safety and security of farmers, their families and the provincial food supply by protecting the right for
CYBER-BULLYING AND SOCIAL MEDIA ATTACKS CAN MEAN BIG DAMAGES PAYABLE TO THE VICTIM. THINK TWICE BEFORE THAT FACEBOOK POST……..
Cyber-bullying by engaging in social media attacks can mean paying significant damages to the target of the vitriol. In a recent Canadian case, a former
WE LOVE TO SAY "SORRY", BUT DID YOU KNOW WE’VE MADE IT PART OF OUR LAW AND IT CAN HELP YOU LEGALLY
In Ontario, unlike any other jurisdiction to my knowledge, we’ve made the act of saying “sorry” part of our legal system, for which there are
NEW PRIVACY PROTECTION IN ONTARIO – I CAN SUE YOU IF YOU PLACE ME IN A FALSE LIGHT IN THE PUBLIC EYE (ONLINE OR OTHERWISE)
There has been a very important development in Ontario privacy law recently, further protecting an individual’s protection from online attacks and predatory behaviour. In this
FIGHT WITH YOUR NEIGHBOUR? THINK TWICE BEFORE AIRING IT OUT IN THE COURT
Having a dispute with your neighbour? Well, before you call your lawyer, think about this well-known (at least in legal circles) decision by the Court
IF I REPRESENTED MEGHAN AND HARRY? YES, ONTARIO WILL PROTECT YOUR PRIVACY. SUE THOSE CHEEKY MONKEYS.
What would I advise the (former) Royals about the paparazzi if they were living in our province? Ontario allows a person to sue another for
COMPROMISING/EMBARRASSING PHOTO OF YOU POSTED ONLINE BY ANOTHER? YOUR PRIVACY MAY BE BREACHED. YOU MIGHT BE ENTITLED TO DAMAGES.
Publishing online very personal or intimate information or images of another may be a very costly mistake. The Ontario Court is increasingly awarding significant damages
“RELENTLESS” SOCIAL MEDIA ATTACK – BIG DAMAGES (INCLUDING FOR SPOUSES)
Yet another friendly reminder from your local lawyer to be mindful that every text, e-mail and social media post you transmit, or post may end
X-MAS SHOPPING ONLINE? GIFT NOT DELIVERED IN TIME? KNOW YOUR RIGHTS!
In Ontario, many of your rights as a consumer are proscribed primarily by Ontario’s Consumer Protection Act (the “CPA”). Firstly, when you sign a contract
DISTRACTED DRIVING “WHAT IT IS AND THE STRONG PENALTIES“ REMIND YOUR KIDS (AND YOURSELVES)
I have a new teenage driver at home, with more to come. It’s a good time to review the strict penalties in Ontario for distracted
YOU CANNOT BE ARRESTED IF ACTING LAWFULLY “NO ANTICIPATORY ARREST“ SUPREME COURT
The Supreme Court has now decided that the police have no power to arrest a person who is acting lawfully, even if the justification would
KILLER CREDIT – TIPS FOR DEALING WITH CREDIT AGENCIES REPORTING DEBTS
What if you learn that someone has reported a debt against you that is wrong or is being disputed by you? Since your credit rating
BEING RECORDED IN A PUBLIC PLACE – WHAT ARE MY PRIVACY RIGHTS?
Increasingly businesses (and employers) and public organizations deploy and use ever-improving surveillance technology, including workplace audio and video recording. Ontario law has remained vigilant and
SOCIAL MEDIA ATTACKS – PROCEED WITH CAUTION – THE COURT IS WATCHING
Increasingly maligned victims on social media resort to the Court for redress. The Court is becoming more intolerant of defamatory conduct online, to the extent
INVASION OF YOUR PRIVACY – YOU CAN NOW SUE SOMEONE FOR THAT (WORK AND PERSONAL)
Ontario now allows a person to sue another for damages for invasion of privacy. This has not always been the case it is a fairly
GOING IT ALONE – REPRESENTING YOURSELF IN YOUR COMPLAINT TO THE ONTARIO HUMAN RIGHTS TRIBUNAL – CAUTION
Any person in Ontario can apply to the Ontario Human Rights Tribunal to allege that an employer, for example, has discriminated against that person based
STILL GETTING SPAM EMAILS? YOU CAN DO SOMETHING ABOUT IT – THE LAW WILL HELP
Rogers Media Inc. (Rogers) recently paid $200,000 as part of a settlement involving the CRTC for Rogers alleged violations of Canadas anti-spam legislation (CASL). The
AN ILLEGAL RENOVATION BY THE FORMER OWNER – FINALLY, A VICTORY FOR HOMEOWNERS AGAINST THE INSURANCE CO. – UNSHROUDING THE MYSTERY OF THAT TITLE INSURANCE POLICY
You just bought a new house. When you bought it, you likely purchased title insurance. Most do, these days. Title insurance policies in Ontario are
BEING ADDED TO A JOINT BANK ACCOUNT FOR AN ELDERLY PARENT OR FRIEND – BE CAREFUL!
Often an elderly person, or person who is in need of some financial management assistance, adds an adult child or family member to a pre-existing
SUING DEEP-POCKETED DEFENDANTS – LEVELLING THE PLAYING FIELD WITH A LITIGATION LOAN
Suing a deep-pocketed defendant can be problematic from a litigation funding angle. An emerging trend in other countries is funding by a third party to
LET IT SNOW! SHOVELING AND YOUR DUTY AS A HOWEOWNER
Let it snow, let is snow, let is snow……What am I obliged to do, as a homeowner, for snow and ice? In Ontario, homeowners have
PARENTS MAKING ADULT CHILDREN JOINT ACCOUNT HOLDERS – KNOW THE LAW – MORE ABOUT LEAVING A LEGACY OF LITIGATION
Recently I blogged about parents placing their adult children as joint holders of a bank account or other asset and the risks of doing so.
SO, YOU HAVE BEEN DEFAMED – THE BASICS AND WHAT TO CONSIDER:
Defamation has two forms: libel (written words) and slander (spoken words). For a defamation case, as person must prove: 1. the words at issue
WHEN NEIGHBOUR DISPUTES REACH THE COURTROOM – A POX ON BOTH YOUR HOUSES. YOU BOTH LOSE.
The Case: Morland-Jones v. Taerk, 2014 ONSC 3061 (CanLII) The Dispute: Neighbours. Mutual allegations about family pets, profanity, disturbing the peace and misbehaviour generally. An
PARENTS – PUTTING YOUR ADULT CHILD ON YOUR JOINT BANK ACCOUNT – DON’T LEAVE A LEGACY OF LITIGATION
Over the past six months, I receive more and more calls about cases involving joint bank accounts between a parent and an adult child (when
MY REPUTATION IS DEFAMED ON SOCIAL MEDIA – WHAT CAN I DO? IS TWITTER RESPONSIBLE FOR MY DAMAGES?
Baglow v. Smith – a recent Ontario decision about defamation online – in this case, blogging (political) on a message board. The Court described it
Now is the best time to get started.
Your journey to peace-of-mind starts with reaching out to us for assistance. Give us a call today so that we can get to work for you.