What are my legal rights if municipal roadwork harms my business?ο»Ώ
As road repair and construction season ramps up in municipalities across Ontario, many business owners will be facing the news that the street and sidewalk outside their business will be temporarily closed due to municipal roadwork. Depending on the extent of the project, this can range from a trivial interruption to a significant interference with...
Continue reading the post titled What are my legal rights if municipal roadwork harms my business?ο»ΏWhat is the date of separation?
When I first meet with new clients, they are often confused about the date of separation. Sometimes they are unsure of the specific date. Sometimes they do not know what date to provide until we discuss their situation further. Sometimes they will mistakenly believe they are not yet separated because they are still living with...
Continue reading the post titled What is the date of separation?Des Moines Water Works sues County for Agricultural Runoff
The Storm Lake Times, a small family-run Iowa newspaper, won a 2017 Pulitzer Price award for its coverage of issues associated with farm pollution from local agricultural companies and the failure of the County to control the agricultural runoff in the area. The Storm Lake Times covered how the counties in the area allow too...
Continue reading the post titled Des Moines Water Works sues County for Agricultural RunoffWhen is a pit a βpitβ?
The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of βpitβ under section 1(1) of the Aggregate Resources Act (βARAβ). AJL Janssen Landscaping (βAJLβ) is a landscaping, road building, excavation, drilling, and blasting company. In 2012, it approached a landowner to...
Continue reading the post titled When is a pit a βpitβ?Vendor financing: Considerations for business sellers
Following a year focused heavily on concerns surrounding inflation, the Bank of Canada made its seventh rate increase of 2022 on December 7. After a period of cheap access to money fuelling robust M&A activity, some prospective buyers may be finding themselves in a more challenging position to finance a business purchase. These conditions may...
Continue reading the post titled Vendor financing: Considerations for business sellersNew environmental laws in Ontario
It was a big week for new environmental lawsΒ in Ontario. Last week, on November 3, a trio of Β environmental laws–each of which has suffered aΒ tortured history of introduction, death, and re-incarnation–finally received royal assent and came into effect:Β the Great Lakes Protection Act, 2015, Invasive Species Act, 2015, and the Protection of Public Participation Act, 2015....
Continue reading the post titled New environmental laws in OntarioDivorce Act amendments: duties for parents and lawyers
A number of significant changes were made to the Divorce Act, which impact family law litigants, specifically divorced parents and separated spouses with children.Β These amendments to the Divorce Act took effect on March 1, 2021. Divorce Act changes explained: Duties for parents The duties that are now clearly set out in the Divorce Act are...
Continue reading the post titled Divorce Act amendments: duties for parents and lawyersMajor update to Canadian privacy legislation in the works… What does this mean for class actions?
For the first time since the implementation of the Personal Information Protection and Electronic Documents Act (βPIPEDAβ) in 2000, the federal government has introduced an update to Canadaβs privacy framework via Bill C-11, or the Digital Charter Implementation Act, 2020, which underwent its first reading in the House of Commons on November 17, 2020. If...
Continue reading the post titled Major update to Canadian privacy legislation in the works… What does this mean for class actions?Assessing medical malpractice damages and Family Law Act damages
This article about damages for Family Law Act (FLA) claimants is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ between individuals. The assessment of damages...
Continue reading the post titled Assessing medical malpractice damages and Family Law Act damagesForce Majeure and the COVID-19 pandemic
What is βForce Majeureβ? Force Majeure provisions, which stem from the French term meaning βgreater forceβ or βsuperior forceβ are incorporated into many types of commercial agreements. These clauses are generally put in place to relieve a party from having to perform its contractual obligations due to the occurrence of an unexpected, unforeseen, supervening, and...
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