News & Publications

Month: November 2014

Are gifts “income” for support purposes?

Written by on December 18, 2018.

In a previous article, I set out a list of common situations wherein a court may impute income to a support payor, as set out in the Child Support Guidelines. One situation not specifically included in that list is the situation of “gifts”, which are non-taxable payments that do not appear on a support payor’s income tax return. Could gifts still be included as part of a support payor’s income for the purpose of determining his or her support obligation? The answer to this question, a...

2018 Year In Review For American and Canadian Whistleblower Programs

Written by on December 18, 2018.

Fiscal Year 2018 was a nice year for tippers to the U.S. Securities and Exchange Commission (“SEC”) whistleblower program (“SEC program”), thanks to some misbehaving companies. The SEC made record-breaking payouts of about $168 million to 13 whistleblowers in 2018.   The SEC program was initiated to encourage specific, timely and credible tips to the SEC of corporate misconduct, such as insider trading and fraud. Since its creation in 2010, the SEC program has awarded over $326 million...

Imputing Income in Family Law

Written by on December 17, 2018.

Before a lawyer or judge can determine an appropriate amount of support for a person to pay, it is necessary to first determine the support payor’s income. Sometimes this is easy – if you are an employee, with no complicating factors, your income is accurately reflected on line 150 of your income tax return. But what if you’re self-employed, with a large amount of business deductions? What if you sold some property and have a large capital gain? What if you withdrew money from your RRSP? ...

2019 Summer Student Applications

Written by on December 14, 2018.

We anticipate hiring up to 6 (2nd Year) summer students in our LONDON office and 1 (2nd Year) summer student for our TORONTO office. Please clearly mark your cover letter as to whether you are applying for our LONDON office or TORONTO office. Please visit the viLawPORTAL for details of submission requirements. Applications are due JANUARY 25, 2019 by 5:oo pm. Interviews will take place at our LONDON office for both the LONDON and TORONTO applicants on FEBRUARY 11, 2019 and FEBRUA...

Remedies of a Commercial Landlord in Ontario

Written by on December 12, 2018.

If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults – monetary or non-monetary. The type of default will determine the landlord's available remedies. A monetary default occurs when the tenant fails to pay an amount due to the landlord under the terms of the lease. For example, a monetary default would occur if the tenant failed to pay rent, taxes, utilities, etc. (assuming the lease required these pa...

Mortgagee Remedies in Ontario

Written by on December 10, 2018.

When a mortgagor (borrower) defaults on mortgage payments, the mortgagee (lender) has several remedies at its disposal. The most frequently used remedies are a power of sale, an action for judicial sale, and an action for foreclosure. The following is a comparison of the three remedies, highlighting the benefits and disadvantages of each. Following a default, a mortgagee may sell the mortgaged property pursuant to a private power of sale. This remedy allows a mortgagee to force a sale of the ...

Do I Have to Collect HST if I am Just Selling my Vacant Land?

Written by on December 06, 2018.

Determining whether or not you have to pay Harmonized Sales Tax ("HST") during a real estate transaction can be a tricky situation. There can be rebates, exceptions and a whole host of factors which come into play. The sale of a vacant lot carries with it its own problems. When Do you Have to Pay the Tax Man? In the following situations the sale of vacant land by an individual will attract HST: The sale of land that is capital property that had been used primarily in a business; Th...

The All Families Are Equal Act

Written by on December 05, 2018.

On January 1, 2017 Ontario enacted the All Families Are Equal Act (the “Act”). The legislation amends several existing Acts, including the Children’s Law Reform Act, to establish new rules related to parentage, with the goal to ensure equal treatment for all parents, no matter their sexual orientation, capacity to reproduce or the number of parents in a child’s life. The existing legislation prior to the enactment of the Act failed to address conception through assisted reproductive tec...

Lenders Beware: Not All Charge Terms Are The Same

Written by on December 05, 2018.

When a lender, be they a large bank or a private individual, lends money to someone they will, in most cases, require security for that loan. One well-known type of security is the mortgage. A mortgage, otherwise known as a charge, is a lien or encumbrance on the property, giving the lender certain rights over the property if the borrower fails to comply with his or her obligations. Mortgages in Ontario are governed by a couple of different laws, primarily the Mortgages Act, the Land Titles A...

Rooney v ArcelorMittal: the Superior Court confirms the suitability of Oppression Claims for Certification

Written by on December 03, 2018.

In Rooney v ArcelorMittal[1], the Plaintiffs sought certification of a proposed shareholder class action arising out of the events leading up to the successful takeover of Baffinland Iron Mines Corporation (“BIM”). The key issue in dispute was certification of claims for relief from oppression pursuant to section 248 of Ontario’s Business Corporations Act[2]. Justice Rady, writing for the Superior Court, confirmed that oppression remedy claims were certifiable and certified the Plaintiffs...