ONSC Enforces Oral Agreement for Purchase and Sale of Real Estate Property, Grants Specific Performance Remedy to Purchaser
Posted on April 08, 2024 by Author Kelli Preston and Owais Hashmi
Overview In 2730453 Ont Inc. v 2380673 Ont Inc., 2022 ONSC 6660, the plaintiff, 2730453 Ontario Inc. (the “Purchaser”), sought specific performance to enforce an oral agreement for the purchase of...
Insuring Your Condo: Exploring Insurance and Subrogation in Condominium Ownership
Posted on April 01, 2024 by Author Graeme R. Oddy and Toni Pascale
Insurance policies protect our various interests such as our homes, vehicles, and personal property where there is potential damage, loss, and/or liability. Insurance policies vary and are available to purchase...
Minority Shareholder Rights Conflicts: Insights from Wilfred v. Dare
Posted on March 22, 2024 by Author Graeme R. Oddy and Mohadeseh Bakhtiari
The rights of minority shareholders are frequently in conflict with those of majority shareholders and directors. One case that delves into this closely is Wilfred v Dare, 2018 which examines...
Dispute Over Real Estate Transaction Deadline: Ontario Court of Appeal Affirms Vendor's Termination of Contract
Posted on March 11, 2024 by Author Louis A. Gasbarre and Mohadeseh Bakhtiari
In a recent appeal before the Ontario Court of Appeal, the Court showcased once again the significance of the "time is of the essence" clause. In, 3 Gill Homes Inc....
Permanent Residents of Canada – The Repercussions of a DUI Conviction
Posted on February 22, 2024 by Author Benjamin Grubner and Samantha Lawr
A change in 2018 that now allows a maximum penalty of 10 years imprisonment for impaired driving has impacted the eligibility of those who have been convicted of an impaired...
Can I Inherit My Spouse’s Estate if They Died Without a Will While We Were Separated?
Posted on February 14, 2024 by Author Kelli Preston and Owais Hashmi
In an effort to modernize estate law practice, several amendments to Ontario's inheritance laws have recently been implemented. These changes were largely prompted by the enactment of the Accelerating Access...
Title Insurance 101
Posted on January 31, 2024 by Author Graeme R. Oddy and Jaimin Panesar
You just moved into your new property. You go to install a new fence, and you discover that it’s not on the property line – 6 inches of your land...
My ex-spouse’s income has increased substantially since separation. Am I entitled to more spousal support?
Posted on January 25, 2024 by Author Laura Dyke and Toni Pascale
If you find yourself in a situation where your ex-spouse has experienced a substantial increase in income since the time of your separation, you may be wondering whether you are...
Wealth and Estate Planning Resolutions for the New Year
Posted on January 03, 2024 by Author Kelli Preston and Owais Hashmi
As you embark on a new year filled with possibilities, consider prioritizing resolutions that ensure lasting financial security and peace of mind for you and your loved ones. Take these...
Demystifying the Confusion – Maintaining PR Status in Canada
Posted on December 26, 2023 by Author Benjamin Grubner and Jaimin Panesar
Residency Requirements to Maintain Canadian Permanent Resident Status If you are seeking to maintain your permanent resident status in Canada, you must meet the residency requirements set by Immigration Refugees...
City Council Greenlights 'Luxury' Home Tax: Incoming Changes to Toronto’s Municipal Land Transfer Tax (MLTT)
Posted on December 18, 2023 by Author Ashley Almeida and Owais Hashmi
A land transfer tax (LTT) is a government-imposed fee applied when ownership of a property transitions from one owner to another. Typically borne by the buyer, this tax is calculated...
The Problem With “Do-It-Yourself” or Holographic Wills in Ontario
Posted on December 11, 2023 by Author Jillian C. Bowman
As we described in a previous blog, testators can make two kinds of Wills in Ontario: formal Wills, which are typed, often drafted by a lawyer, signed by the testator,...
Garnishment: Frequently Asked Questions
Posted on December 04, 2023 by Author Hyland Muirhead and Toni Pascale
What is garnishment? Garnishment is a legal process often initiated when individuals default on their financial obligations. Garnishment orders allow creditors to seize assets – typically a person’s wages –...
YCC 435 v. Karnis et. al.
Posted on November 30, 2023 by Author Hyland Muirhead and Toni Pascale
DATE: November 28, 2023 CASE: 2022-00183N Citation: York Condominium Corporation No. 435 v. Karnis et al. Order under section 1.44 of the Condominium Act, 1998. Member: Stephen Roth, Member The...
What Should You Do When a Co-Owner Doesn’t Want to Sell?
Posted on November 13, 2023 by Author Graeme R. Oddy and Samantha Lawr
If you partly own property, but your co-owner does not want to sell (or develop, or mortgage, etc.), don’t worry, you have options. Sometimes we make a foolish investment; sometimes...
Ontario Court Acknowledges Estate Trustees' Right to Indemnification, Denies Use of Estate Funds for Litigation
Posted on October 23, 2023 by Author Kelli Preston and Owais Hashmi
Estate distribution and the associated legal battles often bring forward intricate legal questions, especially when changes are made to wills or disputes arise among the beneficiaries. In the recent decision...
Principal Residence Exemption Ineligibility – House Flipping
Posted on October 16, 2023 by Author Graeme R. Oddy
As a general rule, the sale or disposition of any residential property in Canada triggers a capital gain, or, in an unlikely scenario, a capital loss. The capital gain is...
Did I Just Enter a Legally Binding Contract By Texting an Emoji? According to a Saskatchewan Court, You Might Have
Posted on October 10, 2023 by Author David Heppenstall and Toni Pascale
The use of technology in the legal field is rapidly evolving. From the use of artificial intelligence tools like ChatGPT to the shift from in-person to virtual courtrooms, it is...
The General Anti-Avoidance Rule: Supreme Court Rules that Company Was Illegally Acquired for Tax Avoidance
Posted on October 02, 2023 by Author Graeme R. Oddy
The saying remains true. There are two things you cannot avoid in life: death and taxes. The Supreme Court of Canada (“SCC”) recently released a huge judgment on the case...
Is Base Monthly Child Support Ever Too High? Can High-Income Earners Get A Break From The Child Support Guidelines Tables?
Posted on September 25, 2023 by Author John P. Schuman
Base, or table, child support is based on the payer’s income. As the payer’s income goes up, the table amount keeps going up along with it – even for high...
Common Law Relationship? You Do Not Have the Same Rights as Married Spouses in Ontario
Posted on September 18, 2023 by Author Kenna Bromley and Samantha Lawr
Defining a Spouse Under the Family Law Act Under the Family Law Act, RSO 1990, c F3 (FLA) a spouse is defined as two persons who are legally married unless...
Ontario Court of Appeal Rules Creditors May Challenge Fraudulent Conveyances Existing Prior to the Debtor-Creditor Relationship
Posted on September 04, 2023 by Author Hyland Muirhead and Owais Hashmi
In the recent case of Ontario Securities Commission v. Camerlengo Holdings Inc., 2023 ONCA 93, the Ontario Court of Appeal (ONCA) determined that when property is conveyed with a general...
Views of the Child – Should I Get a Voice of the Child Report?
Posted on August 28, 2023 by Author Jillian C. Bowman and Leslie Haddock
We all know that children suffer the most in family law proceedings. However, giving weight to a child’s preferences in the proceedings can give them a sense of autonomy and...
DSF is Recognized in Best Lawyers 2024 Edition
Posted on August 25, 2023 by Author Jillian C. Bowman and Leslie Haddock
Devry Smith Frank LLP (DSF) is proud to announce that we have been recognized by Best Lawyers in Canada for the 2024 Edition with 7 of our lawyers ranked across...
New Tort of Family Violence Rejected at Court of Appeal
Posted on August 21, 2023 by Author Jillian C. Bowman and Leslie Haddock
In a decision highly anticipated by family law litigants and practitioners across the Province, the Ontario Court of Appeal has rejected the newly created tort of family violence. This novel...
Global Talent Stream: How to Fill High-Skilled Positions at Canadian Companies with Temporary Foreign Workers
Posted on August 14, 2023 by Author Lloyd W. Ament
The Global Talent Stream (“GTS”) operates under the Temporary Foreign Worker Program (“TFWP”) as an efficient way for innovative Canadian firms to acquire the top foreign talent to fill a...
Canada Announces Express Entry Invitations for Skilled STEM Immigrants
Posted on August 07, 2023 by Author Dayna Devonish-Montique and Leslie Haddock
François-Philippe Champagne, the Minister of Innovation, Science and Industry, on behalf of Sean Fraser, the Minister of Immigration, Refugees and Citizenship recently announced a new STEM round for the category-based...
Understanding Islamic Wills and Inheritance Laws: A Guide for Muslims in Ontario
Posted on July 31, 2023 by Author Kelli Preston and Owais Hashmi
A Will is a legal document that sets out an individual's wishes and instructions regarding the distribution of their assets and the management of their affairs after their death. In...
Post-Separation, Who Gets the Frozen Embryos?
Posted on July 25, 2023 by Author Leslie Haddock
According to the Canadian Fertility and Andrology Society, approximately one in six Canadians experience infertility. As a result, more and more Canadians have turned to various forms of assisted reproduction,...
My Neighbour’s Old Renovation Has Been Continually Damaging My Property – Can I Still Make a Claim or is it Statute-Barred?
Posted on July 17, 2023 by Author Gabriella Schneider and Leslie Haddock
Your claim may be “statute-barred” if it falls outside of the limitation periods within your jurisdiction. The Limitations Act, 2002 sets out two main limitation periods for claims commenced in...
Self-Defence in Canada – the Khill case
Posted on July 10, 2023 by Author David M. Schell
Peter Khill Gets 8 Years for Manslaughter After the Supreme Court Ordered a New Trial Based on New Self-Defence Guidelines To the surviving family members of Jonathan Styres, the scales...
Feelings of Anger and Frustration are Not Compensable Mental Injuries
Posted on July 04, 2023 by Author David Heppenstall and Leslie Haddock
Bothwell v London Health Sciences Centre Mental injuries can be as devastating as physical injuries to the people who experience them, but they are not as easily recognized as injuries...
How To Address Soaring Food Prices: Recommendations From The Competition Bureau Of Canada
Posted on June 28, 2023 by Author David Heppenstall
The Competition Bureau of Canada (the “Bureau”) is an independent federal law enforcement agency which aims to protect and promote competition for the benefit of Canadian consumers and businesses. The...
The Rebuttable Presumption of Implied Consent In Motor Vehicle Accidents When the Vehicle Was Taken by Someone Else
Posted on June 26, 2023 by Author David Heppenstall and Tijana Potkonjak
Under Section 192(3) of the Highway Traffic Act, when you rent a motor vehicle, you are ultimately responsible if you lend that vehicle to someone else. If the other person...
Office of the Privacy Commissioner of Canada launches an investigation into ChatGPT: What does it mean for the Legal Profession?
Posted on June 21, 2023 by Author David Heppenstall
ChatGPT (Generative Pre-trained Transformer) is an artificial intelligence language model or deep machine learning model (also known as a “chatbot”) created by OpenAI. It is designed to understand natural language...
New Construction Law Case Tells Us That We Cannot Combine Breach of Trust Claims with Construction Lien Actions
Posted on June 14, 2023 by Author Christopher W. Statham
Amendments to the Construction Lien Act in 2017, now called the Construction Act (the “Act”), have left construction litigators confused as to whether they could combine breach of trust claims...
What Do I Need to Consider Before Buying the Property Right Next Door?
Posted on June 09, 2023 by Author Robert P. Adourian
Are you interested in purchasing the property right next to yours? What about the empty lot bordering your cottage property that is up for sale? Property owners often consider purchasing...
My Partner Took the House, the Kids, and Half of My Money – Can I At Least Keep the Dog?
Posted on May 30, 2023 by Author Katelyn Bell and Leslie Haddock
To many of us, pets are more than just animals; they provide companionship, unconditional love and affection, and become part of the family. In 2022, 60% of Canadian households owned...
I Want My Partner to Sign a Marriage Contract – How Can I Make Sure This Will Stand Up in Court?
Posted on May 26, 2023 by Author John P. Schuman and Leslie Haddock
Marriage evokes thoughts of fairy tale romance, soulmates, and lifelong commitment and devotion to your partner. So, it can be awkward when you have to ask the love of your...
Provincial Nominee Program: How it Works and Who can Apply
Posted on May 19, 2023 by Author John P. Schuman and Leslie Haddock
The Provincial Nominee Program (“PNP”) allows foreign nationals to immigrate to Canada through provincial or territorial selection in partnership with Immigration, Refugees and Citizenship Canada (IRCC). Each province and territory...
The Future of Firearms: Bill C-21 Proposes Strongest-Ever Restrictions
Posted on May 12, 2023 by Author David M. Schell
Last week, Public Safety Canada released a statement on a hotly contested piece of legislation that could become the strictest gun law in North America. Bill C-21, which was first...
Impaired Driving – Recent Decisions from the Supreme Court of Canada
Posted on May 01, 2023 by Author David M. Schell
For those who practice impaired driving and 80 plus law, the Supreme Court of Canada (SCC) recently rendered two decisions of interest. R. v. McColman, 2023 SCC 8 On March...
Proposed Provincial Planning Statement 2023: A Summary
Posted on April 19, 2023 by Author Larry W. Keown and David S. White
On April 6, 2023, the Ontario government released the proposed Provincial Planning Statement 2023 (“PPS”) which is intended to simplify and integrate existing policies to achieve housing objectives while providing...
Immigrant Entrepreneurs: What to Know About Canada’s Start-up Visa Program
Posted on April 04, 2023 by Author Lloyd W. Ament
Entrepreneurs looking to start a business in Canada can turn to Canada’s Start-up Visa Program as an opportunity to obtain permanent residence in Canada through business immigration. Canada’s Start-Up Visa...
What Parents Need to Know About Private Schools and Education Law – Before Signing Their Kids Up
Posted on March 24, 2023 by Author John P. Schuman
In our education law practice, around half of our cases are on behalf of parents against private schools because the school did not meet the parent’s expectations, told a child...
Ontario Court of Appeal Affirms That Construction Liens’ Priority Under the Construction Act is Limited to Extent of the Deficiency in the Owner’s Holdback
Posted on March 14, 2023 by Author Christopher W. Statham
BCIMC Construction Fund Corp. et al. v. 33 Yorkville Residences Inc. et al., 2023 ONCA 1 (CanLII) The decision in BCIMC Construction Fund Corp. et al. v. 33 Yorkville Residences...
Are Pre-Contractual Negotiations Admissible in the Interpretation of Ambiguous Contracts?
Posted on March 06, 2023 by Author Kelli Preston and Owais Hashmi
Ambiguity in contracts can arise for a variety of reasons, including but not limited to a lack of clarity due to poorly defined terms, multiple interpretations, vagueness, changes in circumstances,...
Big Family Court Costs Award
Posted on February 24, 2023 by Author John P. Schuman
Recently, the Ontario Court of Appeal ordered a spouse to pay his spouse over a million dollars, but not in relation to property division nor child support, nor spousal support. The husband had to pay...
Fiduciary Fallout: Ontario Court Rules Debt Survives Bankruptcy Amid Trust Fund Misuse
Posted on February 21, 2023 by Author Kelli Preston and Owais Hashmi
In the recent case of Convoy Supply Ltd. v. Elite Construction (Windsor) Corp., the Plaintiff, Convoy, brought a motion for a determination that the debt owing by the Defendants, Elite...
If You Do Not Make a Will, the Government Will Make One for You
Posted on February 15, 2023 by Author Dayna Devonish-Montique
Wills are useful legal tools for deceased individuals to unequivocally communicate their last wishes. Most commonly, such wishes include funeral arrangements, how assets of the estate should be distributed, and...
A Tax Trap for The Unwary!
Posted on February 06, 2023 by Author William J. Smith
In its April 2021 budget the Trudeau government proposed a new tax on vacant residential properties owned by nonresidents. According to the budget document “This will help to ensure that...
Norwich Orders: A Powerful Tool For Gathering Evidence and Locating Stolen Assets
Posted on February 03, 2023 by Author Lawrence Hansen
An employer being defrauded by an employee is often faced with a difficult problem: how to gather information about the fraud and the location of stolen assets, including money, before...
Homeowner Beware: A Reminder That You Should Consider Title Insurance For Your Home
Posted on January 23, 2023 by Author Lawrence Hansen
A recent headline in the Toronto Sun caught my eye: Homeowners urged to get title insurance after Etobicoke real estate fraud.[1] The related article tells the tale of unknown individuals...
Entering Canada After Being Convicted of an Offence (Criminal Rehabilitation vs. Record Suspension (Pardon))
Posted on January 17, 2023 by Author Dayna Devonish-Montique
By Dayna Devonish-Montique and Abby Leung Individuals who were convicted of a minor or serious criminal offence may be considered inadmissible to enter Canada. However, individuals can overcome this criminal...
Welcome to Canada: Canada Grants Unprecedented Number of Permanent Residency Permits in 2022
Posted on January 09, 2023 by Author Dayna Devonish-Montique
On January 3, 2023, Immigration Refugees and Citizenship Canada (IRCC), the federal department responsible for the processing of immigration applications, announced that Canada welcomed over 437,000 new immigrants in 2022.[1]...
The Laws Surrounding Formal Wills and Holographic Wills in Ontario
Posted on January 04, 2023 by Author Kelli Preston and Owais Hashmi
Wills are a powerful tool that people can use to ensure that their families and loved ones are cared for after they pass away. The purpose of a Will is...
When can multiple entities be considered a single employer?
Posted on December 29, 2022 by Author David Heppenstall
O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385 (CanLII) Under the common law Doctrine of Common Employer, multiple entities can be considered a single employer under particular circumstances. The O’Reilly...
Non-Canadians Will be Prohibited from Buying Canadian Residential Property in 2023
Posted on December 20, 2022 by Author Jason Lane
Proposed in the Federal Budget of 2022, and passed in June of 2022, the Government of Canada has enacted the Prohibition on the Purchase of Residential Property by Non-Canadians Act[1]...
Sticker Shock: Market Adjustment Fees in the Automobile Industry
Posted on December 16, 2022 by Author David Heppenstall
Automotive dealers have a supply and demand issue: they cannot secure enough supply to meet the customer demand. In the wake of supply chain issues, and in the face of...
More Homes Built Faster Act,2022 pt.2
Posted on December 09, 2022 by Author Adam V. Grossi
Further to our 8 November article on this topic, the More Homes Built Faster Act (Bill 23) received Royal Assent on to 28 November 2022 and is now largely in...
If I Don’t Have Money, Will I Lose in Family Court?
Posted on December 07, 2022 by Author John P. Schuman
Often when spouses separate, one spouse leaves with much greater access to money than the other. Then that spouse wants to hold on to his or her money after separation,...
The Doctrine of Knowing Receipt: How a Third Party can be Liable for Receiving Proceeds of Fraud
Posted on November 30, 2022 by Author Graeme R. Oddy
Picture this: you are a victim of fraud. Understandably, you want to find out who ultimately received the money, and get it back from them! You trace the funds to...
More Homes Built Faster Act, 2022
Posted on November 08, 2022 by Author Adam V. Grossi and Christopher W. Statham and Larry W. Keown and Louis A. Gasbarre
The Ontario provincial government has introduced new legislation in the form of the More Homes Built Faster Act (Bill 23) to support Ontario’s newest Housing Supply Action Plan. Bill 23...
Student Rights During a Teacher Strike
Posted on November 04, 2022 by Author John P. Schuman
At the time of this article, Ontario’s education workers are on strike and Ontario’s public schools are closed to students. It is important to note that teachers (licensed teachers) are...
Divorce and Support Payments: Living in Canada But Married, or Even Divorced Elsewhere?
Posted on November 03, 2022 by Author Katelyn Bell
Just because you were married elsewhere, or maybe even have a divorce from a foreign country, does not necessarily mean that our Courts in Canada will not hear your matter....
The Other Party Won’t Follow our Court Order – What do I do?
Posted on October 27, 2022 by Author Sarah Robus
Book a consultation with us“Orders are not suggestions” is a common sentiment in family court.In light of the time, money, and effort that is involved in securing a final court...
Employers Must Exercise Fair and Reasonable Discretion in Awarding Discretionary Bonuses
Posted on October 19, 2022 by Author David Heppenstall
By David Heppenstall and Abby Leung Bowen v. JC Clark Ltd., 2022 ONCA 614 (CanLII) If an employee is terminated without cause, are they entitled to discretionary bonuses? In Bowen...
My Employer Wants me to Return to Work In-Person. Can I refuse? Probably not. (But There are Exceptions)
Posted on October 11, 2022 by Author David Heppenstall
The end of the COVID-19 pandemic is in sight. Ontario has lifted many public health mandates and restrictions. Many Ontarians are resuming their pre-pandemic lives—including returning to work in-person. Some...
Settlement Agreements Are Not a Done Deal!
Posted on October 04, 2022 by Author Kenna Bromley
Is the Court bound by the agreement between the parties? The court explores – Whether the court is bound by an agreement made between the parties in order to reach...
When Volunteers are Actually Employees: Ontario Court Sets a New Precedent and Approves Settlement Reclassifying Volunteers as Employees
Posted on September 27, 2022 by Author David Heppenstall
Montaque v. Handa Travel Student Trip Ltd., 2020 ONSC 3821 In 2017, several college-age students thought they were signing up for a “job of a lifetime” as trip leaders with...
Ontario Court of Appeal Finds Termination Clause Unenforceable Due to Illegal Conflict of Interest and Confidentiality Clauses
Posted on September 21, 2022 by Author David Heppenstall
Henderson v Slavkin et al, 2022 ONSC 2964 In 2015, Rose Henderson, a receptionist at a dental office, was asked by her employers to sign a new employment contract. The...
Time Keeps Moving On, and On, and On… But What Resets the Clock? Ontario’s Common Law Rolling Limitation Period
Posted on September 15, 2022 by Author David Heppenstall
In Ontario, the ability to sue or bring a civil claim against a person or other party is subject to a statutory limitation period, which is essentially a time...
Drawing the Line: Extended Families May Face Conspiracy Claims In Assisting Child Support Evasion – Leitch v Novac 2020 ONCA 257
Posted on September 09, 2022 by Author David Heppenstall
When a couple divorces, it is common for extended family to provide support for their loved ones. Some families get involved and assist with finances while others provide emotional support...
Ruling From the Grave – Are Conditional Gifts in Wills Valid?
Posted on September 02, 2022 by Author Colleen Dermody and Owais Hashmi
A Will serves the function of expressing the testator's last wishes. However, for public policy considerations, not all requests should be granted. While putting conditions on how the beneficiary uses...
Health and Medical Practitioners Not Liable for Failing to Disclose Unusual Risks to Medical Treatments if a Properly Informed Person Would Have Consented Anyway
Posted on August 04, 2022 by Author David Heppenstall and David Derfel
Warlow v Sadeghi[1] In 2010, Elaine Warlow began experiencing a painful toothache. It was a gum infection—probably due to some impacted food. Dr. Ali Sadeghi, an oral surgeon, recommended the...
Waksdale Prevails: Ontario Court of Appeal Overturns Enforceability of Illegal Termination Provisions in Rahman
Posted on July 19, 2022 by Author Owais Hashmi
In Rahman v Cannon Design Architecture Inc, 2022 ONCA 451, the Ontario Court of Appeal recently overturned a lower court decision which upheld an otherwise illegal termination provision because the...
The Duty of Good Faith in Insurance Law
Posted on July 06, 2022 by Author Charlie Fuhr and Jaimin Panesar
The duty of good faith is the guiding principle of insurance litigation. What is the Duty of Good Faith? The duty of good faith is a fundamental principle of the...
The Courts Analyze “Material Change” - Again
Posted on July 06, 2022 by Author Kenna Bromley
The court (again) explores – What constitutes a material change in the recent Court of Appeal decision, Licata[1]. In order to bring a motion to change before the court, to...
A Guide for Couples Looking for Help after COVID-19 Cancelled their Wedding (Part 1)
Posted on July 04, 2022 by Author Graeme R. Oddy and Katherine Berze
The pandemic has derailed couples’ wedding plans for the past two years and hundreds of Canadians are now struggling to negotiate with vendors who refuse to refund or pay back...
Can An Employer Still Enforce a Mandatory Masking Policy?
Posted on July 01, 2022 by Author Marty Rabinovitch
Ontario’s public health laws in response to COVID-19 continue to evolve. DSF has previously discussed the enforceability of mandatory vaccination policies in the workplace. This blog addresses the enforceability of...
What Happens To The Deposit When A Real Estate Transaction Doesn’t Close?
Posted on June 23, 2022 by Author Graeme R. Oddy
It is routine in real estate transactions for a buyer to provide a deposit to the seller as a 'guarantee', serving to incentivize the completion of the sale. But what...
The Police Are At Your Door – Now What?
Posted on June 22, 2022 by Author David M. Schell
When faced with this scenario, do you allow the police to enter your home? Knowing Your Rights Your rights against unreasonable exercises by the police are enshrined in the Charter of...
Parental Mobility Rights – When does Relocation become Parental Child Abduction?
Posted on June 14, 2022 by Author Owais Hashmi
RELOCATION When a parent with primary decision-making responsibility for a child decides to relocate after a separation due to a new job, proximity to family, or a relationship, the move...
Court of Appeal Declines to Decide whether IDEL Constitutes Common Law Constructive Dismissal
Posted on June 14, 2022 by Author Marty Rabinovitch
Following the introduction of Infectious Disease Emergency Leave (“IDEL”) in Regulation 228/20 (the “Regulation”) passed May 29, 2020, pursuant to the Employment Standards Act, 2000 (“ESA”), the common law of...
Income Tax Act and Bill C-208
Posted on June 14, 2022 by Author Katherine Berze
What is Bill C-208 and what does it attempt to accomplish? On June 29th, 2021, Bill C-208 (“C-208”) received royal assent and amended section 84.1 and section 55 of the...
Wedding Bliss Includes Planning For The Future
Posted on June 14, 2022 by Author Tracey Rynard
It’s wedding season! There are new laws that impact your marriage and your future! You are planning a wedding – the checklist is complete – but have you thought about...
Can Employers Monitor Their Employees’ Electronic Activity?
Bill 88, the Working for Workers Act, represents one of many attempts by the Ontario legislature to respond to the unique challenges arising during the COVID-19 work-from-home era. One element...
Procedure for Obtaining a Construction Lien
Posted on May 18, 2022 by Author Katherine Berze and Adam V. Grossi
What is a Construction Lien? Under Part III of Ontario’s Construction Act, a construction lien is a registration on title to a property and is available to any person who...
Employees Injured While Working from Home Could be Entitled to Workers’ Compensation
Posted on May 04, 2022 by Author Marty Rabinovitch and David Heppenstall
Seven months into the COVID-19 pandemic, Alexandria Gentile-Patti was working from home as a telephone customer service agent for Air Canada. At the time, many Canadians brought their workplaces home...
Vicarious Liability and Employer’s Responsibility
Posted on March 31, 2022 by Author Marty Rabinovitch and David Heppenstall
The Court of Appeal recently upheld the decision made in the case of Dagenais v. Pellerin, 2022 ONCA 76 which calls into question the scope of vicarious liability of an...
High Threshold for an Employer to Establish Job Abandonment (Hettrick v. Triple F Paving Co. Ltd., 2021 ONSC 208)
Posted on March 28, 2022 by Author Marty Rabinovitch
Facts: A 73-year old employee, who worked for the employer since 1996 and who performed the roles of receptionist, bookkeeper and office administrator, went on a medical leave of absence...
Employees Must Disclose Vaccination Status where an Enforceable Vaccination Mandate Exists, but Employers are Cautioned to Protect Employee Privacy
Posted on March 22, 2022 by Author Marty Rabinovitch and David Heppenstall
It is likely that employer policies with respect to COVID-19 will be enforceable only where reasonable in the full context of all the facts and circumstances. A policy for mandatory...
Tax Court Decision Bank of Nova Scotia v The Queen, 2021 TCC 70: Interest Accrues Until the Date of Post-Audit Loss Carryback Request
Posted on March 10, 2022 by Author Marty Rabinovitch and David Heppenstall
Takeaway: Tax Court finds that interest accrues until the actual date of loss carryback request: Case Summary: Bank of Nova Scotia v The Queen, 2021 TCC 70 In this...
Canada Loosened COVID-19 Testing Requirements for Travelers on February 28, 2022
Posted on March 04, 2022 by Author Asher I. Frankel and David Heppenstall
The Public Health Agency of Canada (the “Agency”) is a federal government agency with a mandate to prevent disease and respond to public health threats. The federal Quarantine Act (the...
To Probate or Not to Probate?
Posted on March 01, 2022 by Author Asher I. Frankel and David Heppenstall
It is a common assumption among estate trustees that in order to administer an estate, a deceased’s Last Will and Testament must always be probated; that is, submitted to the...
Employee vs. Independent Contractor: What to Expect in a CRA Audit
Posted on February 17, 2022 by Author Asher I. Frankel and David Heppenstall
As a part of DSF’s ongoing Employment Law seminar series, I was asked to participate and provide a tax lawyer’s perspective as well as some anecdotal experience. For tax law...
Caselaw Update: Reasonableness and Enforceability of Mandatory COVID-19 Vaccination Policies in the Workplace
Posted on February 17, 2022 by Author Marty Rabinovitch and David Heppenstall
This is an update to our blog originally posted on July 6, 2021. There is no federal or provincial legislation requiring eligible individuals to be vaccinated against COVID-19. However, employers...
Commercial Leases during Unprecedented Times
Posted on January 26, 2022 by Author Marty Rabinovitch and David Heppenstall
Introduction There has recently been a significant increase in commercial lease disputes between landlords and tenants as a result of the COVID-19 pandemic and the many government-mandated stay-at-home orders and...
Unvaccinated and Separated? What this means for time with your child
Posted on January 25, 2022 by Author Marty Rabinovitch and David Heppenstall
In the past two years, COVID-19 has wreaked international havoc and the challenges are intensified when it comes to governance of parenting issues for separated parents. While the unvaccinated have...
Notice Periods for Employees Terminated Without Cause May Exceed Twenty Four Months if the Circumstances are ‘Exceptional’
Posted on January 14, 2022 by Author Marty Rabinovitch and David Heppenstall
Employees who are terminated without cause are entitled to either notice or compensation from their employers. A variety of factors affect how much notice or compensation each individual may receive...
Does my spouse get a share of the home I owned before we were married?
Posted on January 11, 2022 by Author David Heppenstall
For many couples, the matrimonial home represents the largest and most significant asset. It is therefore incumbent to understand how the matrimonial home is treated upon a breakdown of the...
Practices to Help Curve Sexual Harassment in the Workplace – Tips for Employers – Part 1 of 2
Posted on December 20, 2021 by Author David Heppenstall
Workplace Harassment Awareness In recent years, the #MeToo movement has helped bring attention to and spark the well-needed conversation of an important workplace issue that affects the safety and security...
A Legal Guide to Cryptocurrency in Canada
Posted on December 15, 2021 by Author David Heppenstall
What is cryptocurrency? Cryptocurrency is decentralized digital money, based on blockchain technology. It is a form of currency that can be exchanged online for goods and services. However, it is...
The New Substantial Compliance Regime in Ontario
Posted on December 14, 2021 by Author Esther Abecassis
On January 1, 2022, Ontario will become a substantial compliance jurisdiction in terms of the formal requirements that must be met in order to make and modify wills. Prior to...
"No Mulligans"- Challenges Faced By Insurers Requesting Multiple Medical Examinations In Personal Injury Cases
Posted on December 14, 2021 by Author George O. Frank and David Heppenstall
Where the physical or mental condition of a party to a proceeding is at issue, a medical examination may be granted by a court of competent jurisdiction. This examination is...
The Threshold Test & Statutory Deductible in Motor Vehicle Accident Claims
Posted on November 25, 2021 by Author George O. Frank and David Heppenstall
Defining General Damages In every motor vehicle accident, an individual may claim general damages. General damages is commonly referred to as non-pecuniary losses, non-economic damages, or quite simply damages for pain...
Filing Mistakes Prove Costly No Leniency for Self-Represented Litigants
Posted on November 19, 2021 by Author Katelyn Bell
Across Canada, there continues to be a rising trend in self-represented litigants. With this comes the need for these individuals to understand the rules and procedures of the court to...
What If Separating Parents Disagree Over Vaccinating Their Children?
Posted on November 15, 2021 by Author Katelyn Bell
Vaccine debates are currently at the forefront of public opinion. Unsurprisingly, many separating couples stand on either side of this debate. This leads to the question: what if separating couples...
The Renewal Timeline for Commercial Leases – A Landlord’s Silence as to the Renewal Deadline is Not Bad Faith
Posted on November 09, 2021 by Author Katelyn Bell
Courts are adamant that deadlines for the renewal of commercial leases must be strictly met. The recent decision of the Court of Appeal for Ontario in Subway Franchise Restaurants of...
Bill 27 and The Unveiling of the Level Playing Field for Ontario Employees (Updated)
Posted on October 30, 2021 by Author Katelyn Bell
Background Working for Workers Act 2021 (the “Act”) introduced by the Ontario government on October 25th, 2021 has now passed and has received royal assent as of December 2, 2021....
Mould in your home - the how’s, what’s and why’s - Are you covered by your homeowner’s insurance?
Posted on October 27, 2021 by Author George O. Frank and David Heppenstall
Mould – what is it? Mould is a fungus that is related to yeast, mushrooms and other fungi. It can grow in a wide variety of environments including inside buildings....
Different Ways to Claim For Lost Income Due to COVID-19
Posted on October 20, 2021 by Author David Heppenstall
If you have lost your employment due to COVID-19, there are a variety of different avenues available to you to make a claim for lost income. Constructive dismissal Does reduction...
Bill C-10: The Future of Regulated Canadian Content (Updated)
Posted on October 04, 2021 by Author Marty Rabinovitch
Canada’s existing legislation, the Broadcasting Act, could be on the receiving end of a makeover. Bill C-10, first introduced by Heritage Minister Guilbeault to the House of Commons in November...
When Selecting a Commercial Mediator, Value Breadth of Experience Over Depth
Posted on September 23, 2021 by Author Eric Gossin and David Heppenstall
Parties to a commercial dispute are generally inclined to select a specialist mediator with expert knowledge in the field of business where the parties operate. However, there’s much more to...
Conflicting Jurisprudence Regarding Whether a COVID-19 Reduction of Wages and/or Hours Amounts to a Constructive Dismissal
Posted on September 21, 2021 by Author Eric Gossin and David Heppenstall
For what is not the first time and will not be the last time in Ontario employment law, two different judges of the Ontario Superior Court of Justice have issued...
DSF is recognized in 'Best Lawyers' for 2022!
Posted on September 20, 2021 by Author Eric Gossin and David Heppenstall
Devry Smith Frank LLP (‘DSF’) is proud to announce that we have been recognized by Best Lawyers in Canada 2022 with 8 of our lawyers ranked across multiple practice areas....
Keep Your Medical Benefits For a Short Term After Your Employment is Terminated
Posted on September 13, 2021 by Author David Heppenstall
If your employment is terminated, you are entitled to temporarily keep your group or employee benefits, such as medical or drug insurance plans. However, there are a number of important...
Ontario School’s COVID-19 Vaccination Policies
Posted on September 08, 2021 by Author Katelyn Bell
Months into the rollout of the COVID-19 vaccines, various sectors around the province have begun to implement vaccination policies for high-risk settings. On August 17th, 2021, the Ontario government announced...
Did You Sign On The Dotted Line?
Posted on August 20, 2021 by Author Marc Spivak
Before participating in an activity that could lead to injury or death, a person may be required to sign a waiver as a form of expressed consent to the risks...
Get A Tax Refund On Your New or Substantially Renovated Home
Posted on August 20, 2021 by Author David Heppenstall
If you bought a new or substantially renovated home, you may be entitled to a tax refund. As a consumer, you pay 13% Harmonized Sales Tax (HST) on most goods...
Student's Rights During Covid-19
Posted on August 10, 2021 by Author Katelyn Bell
School systems in Ontario have seen challenges over the last several years regarding funding allocations and other additional issues that come along when discussing a large-scale academic school system like...
An Update on COVID-19 Travel Restrictions
Posted on August 09, 2021 by Author Asher I. Frankel
As vaccination rates increase in Canada, and COVID-19 infection rates decline, the Canadian government is gradually relaxing its strict travel restrictions and quarantine requirements. Prior to this past July 6th,...
Surveillance, Social Media, and Personal Injury Disputes
Posted on August 06, 2021 by Author Asher I. Frankel
The rapid technological advancements of our time can create implications when the laws surrounding their use are unclear or have yet to be addressed. Our judicial system is often left...
Why The CAS Shouldn’t Be Dictating The Terms Of Your Access Order
Posted on August 03, 2021 by Author Sarah Robus
In child protection matters, the Children’s Aid Society (“the Society”), as a litigant, may start a court application against a parent if they believe that a child is in need...
Ontario Regulation Governing Excess Soil Management
Posted on July 28, 2021 by Author Adam V. Grossi
The province of Ontario has implemented the On-Site Soil Management Regulation (Regulation 406/19) to ensure the best management of excess soil from construction projects. Phase 1 of Ontario’s on-site soil...
Understanding Title Insurance In Ontario
Posted on July 16, 2021 by Author Adam V. Grossi
The title of a property is used to define the right of ownership to the land. In purchasing a home, the title of the property is transferred to the new...
Failure to Comply with Termination Provisions may be considered repudiating a valid employment agreement
Posted on July 09, 2021 by Author Adam V. Grossi
The case Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, demonstrates that employers must abide by termination clauses as they run the risk of being found to have repudiated...
Enforceability of Mandatory COVID-19 Vaccination Policies in the Workplace
Posted on July 06, 2021 by Author Marty Rabinovitch
Register Now: Upcoming Event - HR/Employment Webinar - September 21, 2021 To date, Canada’s federal and provincial governments have not introduced any legislation which would require all eligible individuals to...
Principled-Articling Student Relationship Not Considered Unique Relationship Under Common Law Employment Principles – Wrongful Dismissal
Posted on June 30, 2021 by Author Marty Rabinovitch
In 2016, Melissa Ojanen (“Ojanen”), an articling student at Acumen Law Corporation (“Acumen”), was terminated by her employer only four months after she began her articles. Acumen commenced a claim...
Mediation in Employment Matters: Brief Overview
Posted on June 24, 2021 by Author Marty Rabinovitch
Mediation is an opportunity for people in legal disputes to discuss their circumstances and try to reach a settlement. This is done in the presence of an independent and impartial,...
New Ontario Superior Court Decision holds that COVID-19 related Temporary Layoffs do not Amount to Constructive Dismissal at Common Law - Taylor v Hanley Hospitality Inc., 2021 ONSC 3135
Posted on June 15, 2021 by Author Marty Rabinovitch
In earlier blog posts, which can be found here and here, we wrote about the implications of Regulation 228/20 (the “Regulation”), enacted pursuant to the Employment Standards Act, 2000(the “ESA”)....
What if separating parents disagree over vaccinating their children?
Posted on June 08, 2021 by Author Marty Rabinovitch
Children in Ontario between the ages of 12 – 17 became eligible for the first dose of the Pfizer vaccine on May 23, 2021. This raises a new question for...
Ontario COVID-19 – Can Your Company Work This Construction Season?
Posted on June 02, 2021 by Author Adam V. Grossi
The extension to the provincial stay-at-home order has caused even greater confusion among all industries, but most specifically, the construction sector which is now subject to additional guidelines. On April...
Temporary Layoffs during COVID-19 Can Amount to Constructive Dismissal under Common Law – Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (CanLII)
Posted on May 26, 2021 by Author Marty Rabinovitch
In earlier blog posts, which can be found here and here, we wrote about the implications of Regulation 228/20 (the “Regulation”), enacted pursuant to the Employment Standards Act, 2000(the “ESA”). ...
Be Prepared for In-Person Medical Examinations – Personal Injury: Mierzejewski v Brook, 2021 ONSC 2295
Posted on May 19, 2021 by Author Marc Spivak
During the COVID-19 pandemic, many in the legal profession began transitioning their practice online with the widespread use of Zoom for hearings, trials, examinations for discovery, etc. However, the courts...
Fraud Against The Elderly Via Continuing Power Of Attorney For Property
Posted on May 07, 2021 by Author Tracey Rynard
When people get older and their mental capacity dwindles, it can be a great relief to have someone else look after one’s financial affairs. There often comes a time in...
Challenging a Termination Clause in Small Claims Court
Posted on May 04, 2021 by Author Tracey Rynard
A 2019 decision of the Ottawa Small Claims Court serves as a caution for employers and may encourage employees to fight wrongful dismissals. When an employee is terminated without cause,...
How To Prepare For Changes In A Shareholder's Life Circumstances: Buy-Out Clauses
Posted on April 26, 2021 by Author Elisabeth Colson
A shareholders' agreement often includes the framework within which the business relationship will be governed. It can also provide mechanisms to address the dissolution of that relationship. This entry complements...
New Process for Administering Small Estates in Ontario
Posted on April 16, 2021 by Author Esther Abecassis
Following an announcement by the provincial government this past February, on April 1, 2021 Ontario's new procedure to administer small estates came into effect. The new procedures, which are designed...
Witness Statements- Best Practices
Posted on April 14, 2021 by Author George O. Frank
Obtaining Statements Witness statements should be obtained as soon as possible after a loss. The likelihood of locating witnesses is highest immediately after an incident and diminishes over time. It...
Play the hand you’re dealt!
Posted on April 06, 2021 by Author Eric Gossin
Do you think it matters? That is, do you think it matters how many cases a mediator has settled? Do you think we can measure the success of a mediator...
COVID-19 Civil Jury Trials – Personal Injury
Posted on March 19, 2021 by Author Dejan Ristic
The civil jury trials are currently on hold due to Covid-19. The plaintiff anxious to get a day in the court can only move to strike a jury notice in...
Learn to surf!
Posted on March 16, 2021 by Author Eric Gossin
Late in 2019, when it became apparent that the Covid-19 restrictions would remain in place, I decided that beginning a meditation/mindfulness practice might come in handy. After all, this was...
COVID-19 and Collecting Personal Information
Posted on March 15, 2021 by Author Esther Abecassis
The COVID-19 pandemic changed the way people do business. For many businesses, government regulations currently require operators to record the name and contact information of every person who enters the...
The First Steps After Being Criminally Charged During The COVID-19 Pandemic
Posted on March 08, 2021 by Author David M. Schell
If you have been arrested by the police and are now required to navigate the criminal justice system, it is useful to know in advance what to expect, particularly with...
Next Steps for Canadian Express Entry?
Posted on February 24, 2021 by Author David M. Schell
In our last blog on February 13, 2021, Express Entry draw (click here), we reported on the unprecedentedly large number of Canadian Experience Class candidates that were invited to apply...
Termination Provisions of Employee Stock Awards Agreement Found Unenforceable - Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII)
Posted on February 24, 2021 by Author Marty Rabinovitch
In 2018, an employee was terminated by his employer without cause following a tenure of nearly 23 years. In addition to his base salary, the employee’s compensation included performance-based cash...
Historic Express Entry Draw
Posted on February 13, 2021 by Author Marty Rabinovitch
In Canada’s latest Express Entry draw today for permanent resident candidates, a historic low cut-off of 75 Comprehensive Ranking Score points led to invitations sent out to an astounding 27,332...
The New Tort of Internet Harassment
Posted on February 03, 2021 by Author Lawrence Hansen
The value of freedom of speech, and the need for some limits on that freedom, have long been recognised as central to a vibrant and healthy democracy and, frankly, a...
Can My New Spouse or Partner Adopt My Biological Children?
Posted on January 25, 2021 by Author Lawrence Hansen
Integrating a new partner into your existing family can be an exciting step, but it is not always without challenges. Depending on whether the children’s other biological parent is still...
Why You Might Want A Cohabitation Agreement
Granted, it is not a particularly romantic gesture to ask your common-law partner for a cohabitation agreement. If you are busy building a happy life together, bringing up the possibility...
Why Everyone Should Have a Continuing Power of Attorney for Property: A Personal Injury Context
Posted on January 20, 2021 by Author Dejan Ristic
While the mental incapacity of a plaintiff in the formal personal injury/disbility litigation is adressed via litigation guardian, the need for a guardian may be pressing and independent from any...
Mediator Selection: Skills Often More Important than Expertise
Posted on January 20, 2021 by Author Eric Gossin
As per Rule 24.1 of Ontario’s Rules of Civil Procedure, certain court proceedings in Ontario are subject to mandatory mediation. Even if it is not mandatory in a particular proceeding,...
Canadian Post-Graduate Work Permit Extension
Posted on January 08, 2021 by Author Eric Gossin
International students in Canada often rely on the coveted post-graduate work permit (PGWP) to secure jobs after graduation, which experience often goes on to earn them essential points in Canada’s...
Quelling the “Magna Carta Lawful Rebellion”: Part Two
Posted on January 05, 2021 by Author Lawrence Hansen
. . . MCLR gurus harm people. [. . . .]. These gurus teach illusions that will predictably fail. They promise much, but their clientele gets less than nothing.[1] In...
Sharing The Holidays After Separation
Posted on December 24, 2020 by Author John P. Schuman
Holidays can be difficult for separated families. It may be impossible for the children to celebrate with both parents and their families or to have the most important time, that...
New Extensions To Canada's Working Holiday Permits
Posted on December 23, 2020 by Author John P. Schuman
DSF’s immigration law group is hopeful about a 2021 that will see increased immigration to Canada by skilled young workers to complement our labour force and fill necessary labour shortages....
Shareholder Disputes: An Overview of Three Procedures to Achieve a Business Divorce
Posted on December 17, 2020 by Author John P. Schuman
While business partners will usually be totally optimistic at the time of start-up, it is important to provide for a solution to unresolvable disagreements. This post considers three different solutions...
Cannabis And Cars – Highs And Lows Of Defending A Driver That Consumed Cannabis In Tort Litigation
Like alcohol-impaired driving, drug-impaired driving is a criminal offence. Cannabis-impaired driving can result in injury or death for the driver, passengers or others on the road including pedestrians and other...
Can I be summoned to pay my fiance's child support in Ontario?
Question: I am engaged to someone who already has kids from a previous marriage: 6, 13 and 14 years. If he defaults on his child support payment, will I be...
The Importance Of Legal Writing And How To Do It
Posted on December 10, 2020 by Author John P. Schuman
There is perhaps no course in law school that is more important than Legal Writing. The reason is that legal writing is the central medium with which a lawyer communicates...
What Should I do if I’m in a Car Accident?
Posted on November 27, 2020 by Author John P. Schuman
Ontario is governed by a “no-fault” scheme of insurance for things like covering the damages to your vehicle and providing you certain benefits (“accident benefits”) to pay for physical treatment,...
Failure To Close An Agreement Of Purchase And Sale In The Context Of COVID-19
The COVID-19 pandemic has lead to noticeable changes in the real estate market in the GTA as well as to a general recession, according to Statistics Canada. While detached houses...
How Section 116 of the Income Tax Act Can Affect Your Real Estate Transaction
Overview When real property is sold by a non-resident of Canada, both the buyer and seller and their advisors should turn their minds to the provisions of section 116 of...
Estate Freeze – What Is It and What Does It Do?
Posted on November 04, 2020 by Author John P. Schuman
An estate freeze fixes the value of the asset that is frozen, such as shares of a corporation, in the hands of the owner until the time of death, allowing...
Involved in a Commercial Real Estate Transaction? Make Sure You Complete Your Due Diligence with Respect to Environmental Issues
Posted on November 04, 2020 by Author Laura Rosati
Due diligence is an essential part of any real estate transaction. In a residential real estate transaction, searches are typically performed to determine if there are any issues with respect...
Ontario Introduces the Personal Real Estate Corporation (PREC)
Posted on October 28, 2020 by Author Elisabeth Colson
On October 1, 2020, the Government of Ontario filed Ontario Regulation 536/20, Personal Real Estate Corporations (“Regulation 536/20”), under the Real Estate and Business Brokers Act, 2002, SO 2002, c...
Rejected work, study or visitor visa – what next?
If you have carefully filled in the forms, gathered the numerous supporting documents and tried to provide as thorough an explanation for your application for temporary residence to Canada, it...
The Alberta Court Quells the “Magna Carta Lawful Rebellion”
Posted on October 19, 2020 by Author Lawrence Hansen
In layman’s terms, pseudo law is pure nonsense.[1] The Alberta court has once again called out pseudo law, that body of “spurious legally incorrect ideas that superficially sound like law and...
Immediate Family Members of Canadians – Entering Canada
Posted on October 06, 2020 by Author Lawrence Hansen
Since the onset of the pandemic, the rules about who can enter Canada have been confusing and hard to keep up with at times. A particularly hard hit group has...
Title Insurance Providers Introduce Increased Protection for Lenders from Super Priority Liens and Deemed Trusts
Posted on September 30, 2020 by Author Lawrence Hansen
The recent decision of the Federal Court of Appeal in Toronto-Dominion Bank v Canada, 2020 FCA 80 (“TD v Canada”), created a new cause for concern for lenders. The facts...
The Importance of Having Legal Counsel for your Aggregate Extraction Licence
Posted on September 29, 2020 by Author Lawrence Hansen
Aggregate (sand, gravel, stone) extraction is one of the most controversial and heavily regulated industries in Ontario. Necessary to build infrastructure in the province, it is often misunderstood and underappreciated....
Determining the Child Support Obligations of a Step Parent
Posted on September 25, 2020 by Author Lawrence Hansen
A spouse who stands in the place of a parent to a child can be obligated to pay child support, according to s. 5 of the Ontario Child Support Guidelines...
Construction Law 101: Explaining Construction Liens
Posted on September 22, 2020 by Author Christopher W. Statham
What is a Construction Lien? Under the Construction Act a person who supplies services or materials to an improvement for an owner, contractor or subcontractor, has a lien for the price of...
How a Mediator Can Get You Out of an Impasse
Posted on September 22, 2020 by Author Eric Gossin
Mediators have to be adept in soft skills to identify and break down the causes of an impasse between opposing sides. DSF lawyer and mediator Eric Gossin shares his wisdom...
Back To School Amid Covid-19?
Posted on September 17, 2020 by Author Katelyn Bell
The Ontario Superior Court of Justice (ONSC) has recently, and in numerous instances, been called upon to decide the question as to whether children should be sent back to school...
Temporary Layoffs During COVID-19 – “COVID-19 period” extended until January 2, 2021
Posted on September 15, 2020 by Author Marty Rabinovitch
On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act (“ESA”). As a result of this new regulation, non-unionized workers who had their hours reduced or eliminated due to COVID-19 are...
Indigenous Consultation and the Aggregate Licensing Process
Posted on September 10, 2020 by Author Lawrence Hansen
The duty to consult and to accommodate indigenous peoples can arise at any time in the aggregate licensing process. The failure to properly address the duty will not only cost...
Enforceability of Termination Clauses and the Latest Blow to Employers - Waksdale v. Swegon North America Inc. (2020 ONCA 391)
Posted on August 26, 2020 by Author Marty Rabinovitch
Termination clauses are often relied upon by employers to define an employee’s severance entitlement when an employee is terminated without cause. These clauses are often drafted to limit an employee’s...
Four things you need to know about “Time shall be of the essence” in real estate transactions (especially in a pandemic!)
Posted on August 18, 2020 by Author Laura Rosati
A contract of sale for a piece of real estate property will almost always expressly provide that time is of the essence. This clause means that you and the other parties...
Ontario Stone, Sand & Gravel Association Expresses Support For Aggregate Approval Process
Posted on August 10, 2020 by Author David S. White and Lawrence Hansen
The Ontario Stone, Sand & Gravel Association (“OSSGA”) has recently written to the Honourable Doug Ford, premier of Ontario, to state that the Premier should not interfere in the licensing...
Small Business Evictions Banned in Ontario
Posted on August 05, 2020 by Author Shawna M. Sosnovich and Larry W. Keown and David Heppenstall
On March 19, 2020, two days after announcing a state of emergency due to the coronavirus pandemic, Ontario moved to temporarily protect residential tenants from eviction. The Landlord and Tenant...
Employers Must Discharge Their Onus to Prove Failure to Mitigate
Posted on July 20, 2020 by Author Marty Rabinovitch
A recent 2020 decision of the British Columbia Supreme Court, Virk v. Satnam Education Society of B.C., was a reminder that in wrongful dismissal litigation, the employer has the burden to...
Are You Still Eligible For The CERB?
Posted on July 07, 2020 by Author Elisabeth Colson
THE CERB & RETURNING TO WORK Amidst the economic challenges of COVID-19, a number of Canadians have relied on financial assistance in the form of the Canadian Emergency Response Benefit...
Separation Calculation of a Defined Benefit Plan
Posted on July 06, 2020 by Author John P. Schuman
A pension can be a great way to plan for retirement. However, they can cause difficulties in separation and divorce. Deciding how much a pension is worth, how it should...
Weddings & Contract Frustration during Covid-19
Posted on July 03, 2020 by Author John P. Schuman
WEDDINGS, CONTRACTS & COVID-19 Before entering into a marital contract, couples and newlyweds may enter into a number of other contractual relationships. From vendors for decor & entertainment to catering...
Custody, Access and Covid19
Posted on June 30, 2020 by Author Kenna Bromley
In the recently decided case of Ribeiro vs Wright, the Ontario Superior Court of Justice affirmed that parties with a pre-existing separation agreement or court order in place with respect to...
3 important things to keep in mind when the Children's Aid Society comes knocking
Posted on June 29, 2020 by Author Kenna Bromley
The Children’s Aid Society is knocking at your door. Now. You might have been warned of their visit, but they do not need to give you notice. The visit could...
OCCUPATIONAL HEALTH & SAFETY REOPENING ONTARIO –THINGS TO CONSIDER IMPLEMENTING AS BUSINESSES BEGIN TO REOPEN
Posted on June 25, 2020 by Author Marty Rabinovitch
Reopening Ontario The province of Ontario has presented a multi-phase plan to reopen the economy. The province will follow a gradual approach to allow public health officials to monitor and...
What to Expect from your Personal Injury Case during COVID-19
Posted on June 22, 2020 by Author Marc Spivak
This pandemic has affected every aspect of our daily lives in profound ways. However, our firm is still operating as usual albeit remotely, as legal services were deemed an essential...
DSF Lawyer Gets Damages For a 3-Year-Old Subjected to Harsh and Degrading Treatment at a Private School
Posted on June 18, 2020 by Author Katelyn Bell
DSF's education lawyer Katelyn Bell successfully defended the parents of a three-year-old student against a claim for unpaid tuition. The pupil’s parents were instead awarded $2,000 in damages against the...
An Open Email Dated June 15, 2020, From Insurance Defence Lawyer, Miriam Tepperman, To Our Attorney General Regarding the Importance of Jury Trials
Posted on June 15, 2020 by Author Katelyn Bell
I am a proud insurance defence lawyer. I am proud of my role in the justice system that helps people get back on their feet after an injury while keeping...
An Open Email dated June 12, 2020, from Personal Injury Lawyer, Marc Spivak, to our Attorney General Regarding Suspending Juries in Civil Law Cases
Posted on June 12, 2020 by Author Marc Spivak
To the Honorable Doug Downey Attorney General of Ontario I am a personal injury lawyer and have been for 28 years. The first 9 years of my practice I acted...
Reduced Travel Restrictions for Relatives of Canadians and PRs
Posted on June 09, 2020 by Author Marc Spivak
Recently, the government announced that “immediate family members” of Canadians and Canadian permanent residents will be exempt from the prohibition on entry to Canada if they are coming to be with their...
Supreme Court of Canada Shuts Down Insurer
Posted on June 05, 2020 by Author Marc Spivak
Leave to appeal from the Court of Appeal’s decision in Tomec v Economical Mutual Insurance Company In 2019 ONCA 882 was recently denied by our highest court. This finally shuts down years...
Amendments to the Employment Standards Act, 2000 – May 29, 2020 – Impact on Temporary Layoffs
Posted on June 02, 2020 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Janet Son. On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act (“ESA”). During the pandemic, many businesses were forced to close...
How to Deal with an Emergency Parenting Motion during COVID-19
Posted on June 01, 2020 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Janet Son. Co-parenting with your ex-partner is difficult even in normal times. Now trying to co-parent amidst a pandemic with ever-changing...
COVID-19 – Employer and Employee Frequently Asked Questions Part II
This blog is co-written by our former articling student, Janet Son. Employers When am I able to re-open my business? The Province of Ontario presented a multi-phase plan to re-open...
Canada Labour Code Adjudicator Awards Costs in Unjust Dismissal Case
Posted on May 26, 2020 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Janet Son. In P.D. and The Bank of Nova Scotia, Re, 2020 CarswellNat 640, Adjudicator Kaufman considered the issue of whether...
Long-Term Care Homes Ordered to Allow Nurses to Determine Appropriate levels of PPE on the Job
Posted on May 19, 2020 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Janet Son. Long-term care homes (“LTC homes”) remain particularly vulnerable in the country’s fight against COVID-19. Reportedly, LTC homes are connected...
Express Entry Roadmap
Posted on May 13, 2020 by Author Marty Rabinovitch
On May 8, 2020, Devry Smith Frank LLP hosted an Express Entry Roadmap webinar to share insights and information on popular routes to Canadian permanent residence. The webinar was presented...
Insurance in the COVID-19 Era, Can Insurance Save Your Business?
Posted on May 12, 2020 by Author Marty Rabinovitch
This is a time of great uncertainty where businesses are incurring losses and extra expenses due to the coronavirus. The question is: who has to bear these losses? Is it...
COVID-19 - Family Law Property Scam
Posted on May 05, 2020 by Author John P. Schuman
Even during this pandemic, there are some separated or separating spouses who are trying to take advantage of the situation, and the operation of Part 1 of Ontario’s Family Law Act,...
Property Division During COVID-19
In my previous post, I touched on the issue of changing support obligations in light of the pandemic. More and more, separating spouses are wondering how property issues will be dealt...
Changing Child Support or Spousal Support Payments During COVID-19
Posted on May 04, 2020 by Author John P. Schuman
Child and spousal support obligations take effect either pursuant to a court order or a separation agreement (to be sure, many people make informal arrangements amongst themselves, though this is...
Canadian Spouse? Travel to Canada During COVID-19
Posted on May 01, 2020 by Author John P. Schuman
Canadian Spouse? Travel to Canada During COVID-19 By now, you are probably aware that Canada like most other countries has implemented stringent travel restrictions on travellers to Canada in the...
What can I get ticketed for during the COVID-19 State of Emergency in Ontario?
Posted on April 30, 2020 by Author David M. Schell
This blog is co-written by our former articling student, Janet Son. There is a growing list of Orders-in-Council being made under the Emergency Management and Civil Protection Act (“EMCPA”), which provides the...
What to Expect With Your Family Law Matter After COVID-19
Posted on April 29, 2020 by Author David M. Schell
Andreina Minicozzi and Devry Smith Frank LLP are committed to following the guidelines and recommendations outlined by the Public Health Agency of Canada to ensure the safety and wellbeing of employees, colleagues, clients, friends, and families....
Temporary Foreign Workers can enter Canada amidst COVID-19 Travel Restrictions
Posted on April 28, 2020 by Author David M. Schell
This blog is co-written by our former articling student, Janet Son. The Federal Government announced changes to the travel restrictions as they apply to Temporary Foreign Workers (“TFW”) with some...
How is COVID-19 affecting child and spousal support in Ontario?
Posted on April 27, 2020 by Author David M. Schell
The coronavirus pandemic has brought far-reaching economic shock waves across the country. Over one million jobs have been lost in Canada due to COVID-19 in the month of March alone. As this...
Bringing Motions During COVID-19 in Family Law
Posted on April 23, 2020 by Author David M. Schell
Questions Your Landlord Should Not Ask You
Posted on April 22, 2020 by Author Robert P. Adourian
As a tenant you have rights including the right to privacy and the right to notice upon a landlord’s entry into your premise. As a renter, you should be aware...
The CERB criteria has expanded: Am I eligible?
Posted on April 20, 2020 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Janet Son. On April 15, 2020, the federal government announced the expanded eligibility criteria for the Canada Emergency Response Benefit (“CERB”), upon mounting criticism that many...
How to Deal With Domestic Violence and Child Abuse During COVID-19
This blog is co-written by our former articling student, Janet Son. This pandemic has brought the surge of another life or death danger: women and children who are forced to...
Force Majeure in the COVID-19 era. Can it save your business?
Posted on April 17, 2020 by Author Marty Rabinovitch
In these unprecedented times of COVID-19, business owners are facing unprecedented hardship and economic losses. Contractually, how a party defines the parameters of Force Majeure/Act of God will be crucial...
COVID-19 - Employer and Employee Frequently Asked Questions
Posted on April 15, 2020 by Author Marty Rabinovitch
Employers Can my company screen its employees for COVID-19 prior to permitting them to enter the workplace, such as by asking them if they have symptoms, or by subjecting them...
“COVID-19 cases are on the rise in Ontario. Do I really have to facilitate my ex’s access time with our kids?”
Posted on April 13, 2020 by Author Katelyn Bell and John P. Schuman
The amount of COVID-19 cases in Ontario continues to increase. As of April 10th , there are more than 6,200 confirmed cases of the coronavirus in the Province, with the...
MOVING CANNABIS: The Canadian Perspective
Posted on April 08, 2020 by Author Katelyn Bell and John P. Schuman
This blog is co-written by our former articling student, Janet Son. On October 17, 2018 Cannabis became legal in Canada. The federal Cannabis Act[1] sets out the terms and conditions, which are...
Canadian Immigration Status during COVID-19 pandemic
Posted on April 03, 2020 by Author Katelyn Bell and John P. Schuman
This blog is co-written by our former articling student, Janet Son. Information regarding the status of flights, border closures and visas is changing by the hour during this pandemic. When...
CBSA Watchdog with No Teeth?
Posted on March 20, 2020 by Author Katelyn Bell and John P. Schuman
A report commissioned by Public Safety Canada came to light earlier this year, urging the government to put in place an independent body to review complaints against and make recommendations...
The Canada Labour Code & Employer Releases
Posted on March 19, 2020 by Author Katelyn Bell and John P. Schuman
THE REMEDY The Canada Labour Code applies to employees working in companies which are governed by federal law, as opposed to provincial law. This includes industries such as public broadcasting, railroads, trucking...
Do I still have to let my kids travel with my ex for March Break amid COVID-19?
Posted on March 13, 2020 by Author Katelyn Bell
We are all aware of the current COVID-19 pandemic. Yesterday, the Ontario Government announced the closure of all publicly funded schools for two weeks following March Break, which is set...
5 Tips to Keep in Mind When Buying your First Home or Condo
Posted on March 11, 2020 by Author Louis A. Gasbarre
Congratulations, you have decided to purchase your first home. Although this milestone can be very exciting, the home-buying process can also be a daunting experience. Mapping out the journey beforehand...
Pending Immigration Application? Don’t Delay Biometrics Collection
Posted on March 06, 2020 by Author Louis A. Gasbarre
As part of most work/study permits and visitor visa applications, applicants are required to give biometrics. Biometrics consist of the collection of fingerprints and a photo at a Canadian visa...
17 year old, Driven to Therapy Without Parents’ Consent
Posted on March 03, 2020 by Author John P. Schuman
A 17-year-old High school student was driven to therapy appointments by the school chaplain without parents’ permission. Is this even legal? This question touches on a lot of rights of...
Maximizing the Benefit of a Post-graduate Work Permit
Posted on February 25, 2020 by Author John P. Schuman
Often international students come to Canada with plans to make Canada their home after graduation. For many, this is a very real option. Students graduating from qualifying Designated Learning Institutes...
What Effect Will My Social Media Presence Have on My Personal Injury Claim?
Posted on February 21, 2020 by Author Marc Spivak
A large percentage of the world’s population now uses social media – whether we are sharing, tweeting or simply just spectating, this fast-growing phenomenon is becoming increasingly popular and in...
Can I Form My Own Union?
Posted on February 10, 2020 by Author Marc Spivak
Any group of eligible workers in Ontario can form a union. If 40% of the membership signs union membership cards, the Ontario Labour Relations Board will hold a vote to...
What the Coronavirus Means for Canadian Employers
Posted on February 06, 2020 by Author Marty Rabinovitch
Over the past several weeks, news of the Novel Coronavirus (2019-nCoV or Coronavirus) has dominated our newsfeeds with 208 cases in Ontario at the time of writing, 102 of which...
Prince Harry and Meghan Markle as Canadian citizens? It’s harder than it sounds
Posted on January 31, 2020 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Linda Noorafkan. Prince Harry and Meghan Markle have decided that they will live in Canada on a part-time basis with their...
Resignation & Notice Periods: What is Required?
Posted on January 29, 2020 by Author Marty Rabinovitch
THE BASICS Many readers will be surprised to learn that the obligation to give notice of termination of employment is two-sided. The requirement that an employer give advance notice to...
How Do I Convince a Family Court Judge That My Ex-spouse Is Incapable of Being a Good Parent?
Posted on January 28, 2020 by Author John P. Schuman
Differential parenting styles can have a negative effect on the family and is a frequent cause of separation or divorce. With that being said, concerns about the changes in a...
How Do I Obtain a Copyright?
Posted on January 08, 2020 by Author John P. Schuman
INTRODUCTION TO INTELLECTUAL PROPERTY Intellectual property is a dynamic area of law that continues to be at the forefront of innovation, and continues to develop. Intellectual property is the legal...
How Do I Obtain Intellectual Property Rights?
Posted on December 30, 2019 by Author John P. Schuman
What happens when ex-spouses have opposing views on whether or not to vaccinate their children?
Posted on December 20, 2019 by Author John P. Schuman
This polarizing issue has become the subject of significant media coverage as anti-vaccine groups are becoming increasingly vocal. One father even launched a GoFundMe campaign in order to appeal an...
The Baby Boom Shift: The Impact of An Aging Workforce, the Projected Big Business Transfers and the Millennial Changeover
Posted on December 18, 2019 by Author Elisabeth Colson
The baby-boomer generation (those born between 1946 and 1964) represents a significant share of the Canadian population. While many within this category are opting to continue working well into what...
Our Child Has Come to Live with Me, How Do I Stop My Child Support Payments to My Ex?
Posted on December 12, 2019 by Author John P. Schuman
Child support payments are based on where the child actually lives, not where a Court Order or Separation Agreement says that they are living, or should be living. Since child...
More Changes to the Construction Lien Act Are Coming in 2019
Posted on December 06, 2019 by Author Christopher W. Statham
Ontario's new Construction Lien Amendment Act (the "Act") has significantly overhauled Ontario’s construction law rules. While the first set of the amendments have already come into force (see our previous...
When Does Negligence Become Criminal?
Posted on November 28, 2019 by Author David M. Schell
The Criminal Code of Canada contains several negligence based criminal offences, including dangerous driving as well as failure to provide the necessaries of life. The broader offence of criminal negligence...
Ontario Has a New Construction Act: What You Need to Know About the Transition Period
Posted on November 27, 2019 by Author Christopher W. Statham
On July 1, 2018, the first set of changes under Ontario’s Construction Lien Amendment Act (the "Act") came into force. This Act overhauls Ontario's construction regulatory framework. Not only should...
Can I Still Claim my Bonus even though I was Wrongfully Dismissed?
Posted on November 21, 2019 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Janet Son. In Andros v Colliers Macauley Nicolls Inc, the Ontario Court of Appeal recently addressed the issue of whether a wrongfully...
Do I Have to Give Half Our House to My Ex-Spouse Even Though I Paid for it Myself?
Posted on November 19, 2019 by Author Katelyn Bell
This blog is co-written by our former articling student, Janet Son. With the rising costs of housing in the GTA, the question of what happens to property after divorce can...
Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679
Posted on November 15, 2019 by Author Marty Rabinovitch
In the case of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679, the interpretation of the employment contract governing the employee-employer relationship, was at issue. The specific contentions arose...
Employer Required to Cover Long-Term Disability for Employees Over Age 65
Posted on November 05, 2019 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Linda Noorafkan. On November 19, 2018, an Ontario arbitrator determined that a hospital employer was required to continue paying 75%...
Fired because of Race? Consider a Human Rights Claim
Posted on October 31, 2019 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Linda Noorafkan. In 2018, a group of eight Caucasian employees of the Spruce Hill Resort and Spa Ltd. (“the Resort”) in...
Denial of Employee Benefits to Working Seniors: A Charter Violation
Posted on October 29, 2019 by Author Marty Rabinovitch
This blog is co-written by our former articling student, Linda Noorafkan. On May 18, 2018, the Human Rights Tribunal of Ontario (the “Tribunal”) rendered its decision with respect to the...
What is the Student Direct Stream Program? How do I qualify for it?
Posted on October 24, 2019 by Author Marty Rabinovitch
Canadian colleges and universities attract thousands of foreign students from across the globe each year. In response to the growing demand for studying in Canada, “Immigration, Refugees and Citizenship Canada”...
How are "deals" made on "Shark Tank" and "Dragon's Den" valued when it comes to family law?
Posted on October 22, 2019 by Author Katelyn Bell
This blog is co-written by our former articling student, Janet Son. The public got a behind the scenes look at how the deals made on reality television shows “Shark Tank”...
I’m Interested in Purchasing My First Property. What Are Some of The Common Reasons Real Estate Deals Fall Through?
Posted on September 27, 2019 by Author Jennifer M. Hetherington
The process of buying your first home can be both an exciting and overwhelming experience. Often, it is the largest investment a person will make in their lifetime and a...
The Home Inspectors Act to Provide more Protection for Homebuyers
This blog is co-written by our former articling student, Janet Son. The weather is cooling down but the Toronto housing market saw double digit growth this past month. During the frenzy of...
Novel Issues Raised by Transgender Human Rights Complaints
Posted on September 12, 2019 by Author Marty Rabinovitch
A recent human rights complaint against several salons in Vancouver, British Columbia sheds new light on the relationship between human rights law and persons who identify as transgender. DISCRIMINATION AGAINST...
Can My Employer Dismiss Me Due to My Unseen Disability?
Posted on September 10, 2019 by Author Marty Rabinovitch
Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground...
After the Family Court Changes a Final Order, is the Original Order Still Enforceable?
Posted on September 05, 2019 by Author John P. Schuman
Family Law is all about changing family dynamics. Families do not stop changing just because a court makes a final order. Parenting arrangements and child support are particularly prone to...
What if your spouse shortchanges you in their will?
Posted on August 29, 2019 by Author John P. Schuman
If you are unhappy with the amount your spouse left you in their will, you may have some legal options, for example: Option 1: Instead of taking under the will consider...
Can Behaviours Associated with a Sex Addiction Merit Employee Dismissal?
Posted on August 27, 2019 by Author Marty Rabinovitch
A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have a medically diagnosed sex addiction where behaviours associated with such an addiction...
What is a Continuing Power of Attorney for Property?
Posted on August 22, 2019 by Author Marty Rabinovitch
A Continuing Power of Attorney for Property is a legal document in which you can appoint a person or persons to act on your behalf (called an “Attorney”) with respect...
Could a Gift Card Compensate for a Minor Human Rights Tribunal complaint?
Posted on August 20, 2019 by Author Marty Rabinovitch
A recent British Columbia Human Rights Tribunal decision has struck down a human rights complaint by a supermarket customer on the grounds that she was already compensated by the store for her...
How Canada’s Privacy Legislation Affects the Use of Third Party Information and Payment Processors
Posted on August 15, 2019 by Author Elisabeth Colson
Businesses often use third party entities to process customer information or transactions and to then relay portions of that information back to the business. Businesses using third parties in this...
Thinking of Getting Married? Maybe You Should Consider A Marriage Contract
Posted on August 13, 2019 by Author Elisabeth Colson
There is more to marriage than just a party with a DJ and catered food. Getting married is a serious legal undertaking which involves significant financial consequences. I realize that...
Avoiding Guardianship Litigation with Carefully Considered Powers of Attorney
Posted on August 06, 2019 by Author Elisabeth Colson
With Canada’s ageing population, there has been an increase in disputes within families about who should be making personal and financial decisions on behalf of incapable members of the family....
What happens when a party to a real estate transaction fails to close?
Posted on August 02, 2019 by Author Christopher W. Statham
The Agreement of Purchase and Sale (APS) has been signed and any conditions waived or fulfilled. All that remains is for the closing itself to take place. What happens when...
7 Estate Planning Tips For Spouses
Posted on July 30, 2019 by Author Christopher W. Statham
Estate planning is inarguably one of the most important things you can do for yourself and your family. Not only can estate planning legally protect your spouse and assets, it...
Arbitration Clauses in Employment Agreements: New Developments
Posted on July 25, 2019 by Author Marty Rabinovitch
Two recent Ontario court decisions suggest that arbitration clauses requiring employees in employment agreements to submit certain employment actions to arbitration may be unenforceable. In a recent Ontario Court of...
Denied a Job Due to Lack of Canadian Work Eligibility? You May Have Been Discriminated Against
Posted on July 23, 2019 by Author Marty Rabinovitch
If you have recently been denied a job due to a lack of proof of permanent eligibility to work in Canada, you may be entitled to compensation under Ontario human rights...
Failing to Abide by Confidentiality Provisions in a Settlement Agreement Can Cost You Your Settlement Payment
Posted on July 18, 2019 by Author Marty Rabinovitch
The recent decision of an arbitrator in the matter between Acadia University and Acadia University Faculty Association (Re Dr. Rick Mehta), 2019 CarswellOnt 8518 (Lab Arb) [“Acadia”] emphasizes the importance of abiding...
The House I Recently Purchased Was Used to Manufacture Illegal Substances: What Now?
Posted on July 09, 2019 by Author Jennifer M. Hetherington
You’ve just signed an agreement of purchase and sale, and you’ve discovered that drugs were illegally manufactured on the property years before the seller bought it. Can you get your...
An Illness/Injury Has Made It Unable to Return to Work: What Can I Do?
Posted on July 04, 2019 by Author Marty Rabinovitch
If an injury or illness has resulted in there being no reasonable likelihood that you will be able to return to work within the foreseeable future, you may be entitled...
Does every home purchase and sale in Ontario require a lawyer?
Posted on July 02, 2019 by Author Jennifer M. Hetherington
Parties to a real estate Agreement of Purchase and Sale occasionally ask whether they actually need a lawyer to close the deal. The answer to that question is a resounding...
Buying a Condo? Make Sure You Review the Status Certificate Before Making a Firm Offer
Posted on June 27, 2019 by Author Robert P. Adourian
The past decade has seen a considerable increase in the number of condominium developments in Southern Ontario. As the population continues to grow, condos are a great way to efficiently...
My child has been suspended from school. Do I have the right to appeal this decision?
Posted on June 25, 2019 by Author John P. Schuman
In Canada, a child’s right to receive an education is an important one. As a result, children both in private and publicly funded schools are entitled to have any allegations put forth against them, fairly and impartially investigated....
What Is an Educational Credential Assessment Report and How Do I Obtain One?
Posted on June 18, 2019 by Author John P. Schuman
An Educational Credential Assessment, or an ECA report, is required by Immigration, Refugees and Citizenship Canada (IRCC) to assess one’s international academic credentials obtained from outside of Canada. The main...
Medical Marijuana: Limits to Consumption in Unionized Workplaces
Posted on June 14, 2019 by Author Marty Rabinovitch
A recent labour arbitration decision from Saskatchewan has framed what might be the boundaries around workplace consumption of medical marijuana. In Kindersley (Town) v Canadian Union of Public Employees, Local...
Buying or Selling a Resale Home? What You Need to Know About the Disclosure of Defects
Posted on June 05, 2019 by Author Robert P. Adourian
You have recently closed the deal on what you thought was your perfect dream home. After moving in you discover that the house is in need of many more significant...
Posted on June 05, 2019 by Author Marty Rabinovitch
My Uber was involved in a collision and I was injured – Can I be compensated for my injuries?
Posted on May 31, 2019 by Author Marc Spivak
In recent years, ride-hailing services have become increasingly popular and the demand appears to continue to rise. In densely populated cities such as Toronto and in the GTA in general,...
My estranged wife is denying me access to our baby. She refuses to communicate with me and I am yet to meet our new-born child. Is there something I can do?
Posted on May 28, 2019 by Author John P. Schuman
Ontario Family Court judges generally have a very dim impression of parents, mothers or fathers, who deny their children the opportunity to have a relationship with both parents. Section 16(10)...
Bill 66: Changes to the Employment Standards and Labour Relations Acts
Posted on May 24, 2019 by Author Marty Rabinovitch
Bill 66, which received royal assent on April 3rd, 2019, changes the Employment Standards Act, 2000 (ESA) and the Labour Relations Act (LRA). Workplaces that are covered by the ESA...
I’ve been accepted to a Canadian university and have a study permit; can I work while studying in Canada?
Posted on May 22, 2019 by Author Marty Rabinovitch
Foreign nationals need authorization from the Canadian government to work. For international students, work experience can help a great deal in being exposed to the Canadian job market, earning extra...
My ex-spouse refuses to amend the schedule and allow me to take our child on vacation. What can I do?
Posted on May 17, 2019 by Author John P. Schuman
Taking the children away on a vacation is a frequent source of conflict after separation, and is the subject of many Family Court motions. The non-travelling parent may be jealous,...
Bill C-86: What it Means for Your CBCA Corporation
Posted on May 09, 2019 by Author Elisabeth Colson
Bill C-86 institutes a long list of amendments to several Federal statutes, including the Canada Business Corporations Act (“CBCA”), and officially comes into force on June 13th, 2019. What does...
Erase Every ‘Shall’?
Posted on April 30, 2019 by Author Elisabeth Colson
In many English speaking jurisdictions, the term “shall” is deemed to be somewhat ambiguous for the simple reason that it appears to make reference to discretion rather than obligation. In...
I Fell at My Local Supermarket. Can I be Compensated?
Posted on April 25, 2019 by Author Marc Spivak
The vast majority of us are familiar with the term ‘personal injury’, a phrase usually associated with a claim based on the negligence or misconduct of a person or organisation,...
Setting Aside Orders in Family Court
Posted on April 16, 2019 by Author Marc Spivak
For various reasons, family law litigants may fail to participate in their court proceedings, placing them at risk of being “noted in default”. The court may then make “uncontested” orders...
What happens if I default on my Mortgage?
Posted on April 12, 2019 by Author Robert P. Adourian
A mortgage on your home will most likely be the most significant debt you will incur in your lifetime. A commitment in which you will be obligated to pay for...
How Can I Obtain Custody of the Family Pet in My Divorce? – My Soon to be ex-husband is Keeping My Pet Away From Me
Posted on March 27, 2019 by Author John P. Schuman
Under Ontario's current Family Law Legislation, pets, of any sort, are not treated like children they are, for all purposes of law "property", like furniture, cars or bank accounts. So,...
Changes to Impaired Driving Laws
Posted on March 19, 2019 by Author David M. Schell
In 2018, Bill C- 46 was passed and with it came significant changes to impaired driving laws in Canada. Bill C-46 repealed sections 249 to 261 of the Criminal Code...
I Want to move Provinces However, I am Aware That I’d Need the Permission of My Child’s Father to Do So. But, can My Child’s Father Move Without My Permission?
Posted on March 13, 2019 by Author John P. Schuman
If you, as a primary parent, want to move, you would need your ex's permission because naturally, moving will interfere with him parenting your son. However, if he moves, then...
What Does The Court Decision On the Repeal Of The Sexual Education Curriculum Mean?
Posted on March 06, 2019 by Author John P. Schuman
On February 28, 2019, the Ontario Divisional Court released its decision on the constitutional challenge to the provinces repeal of the 2015 Sexual Education Curriculum brought by the English Public Teachers Union...
I Owned the Home Before We Married – Why Does My Spouse Get a Share of It?
Posted on March 05, 2019 by Author John P. Schuman and Katelyn Bell
We are all familiar with the skyrocketing price of homes in Toronto and the surrounding area. It is not a simple feat to purchase a home – it requires a...
Is it Illegal For A Teacher To Secretly Film Their Students’ Cleavage?
Posted on February 26, 2019 by Author John P. Schuman and Katelyn Bell
Most, if not all, of us can likely agree that it is wrong to film someone without their consent. We can also probably agree that it is even more wrong...
Can I be Criminalized or given a Custodial Sentence for Possessing or Using ‘Legal’ Cannabis?
Posted on February 22, 2019 by Author David M. Schell
The answer to the above question is really dependent on how someone obtains their cannabis and what one then does with their legal cannabis. Bill C-45 has now become law...
What The Death of Riya Rajkumar Means For Family Law Custody Cases
Posted on February 15, 2019 by Author John P. Schuman
Millions of people were startled late last night to when the emergency tones went off for the Amber Alert for Riya Rajkumar, only to learn, minutes later, that she had...
Is There Such A Thing As “Spousal Abandonment” in Canada?
Posted on February 14, 2019 by Author John P. Schuman and Katelyn Bell
What happens if your spouse just ups and leaves? Can you press charges? Is there an automatic right to divorce?A reader recently posed these questions. Simply put, the answer is...
What Are the Consequences of Filing a False Police Report In Canada?
Posted on February 11, 2019 by Author David M. Schell
By now we have all been subjected to the tragic details of television star Jussie Smollett’s alleged attack in Chicago. When the news broke initially, it seemed as though Smollett...
When Can I Stop Paying Child Support?
Posted on February 08, 2019 by Author David M. Schell
Many payer parents in Ontario mistakenly assume that child support automatically ends when their child turns 18. The law, however, says otherwise. The basic premise of child support is to...
I Have Children From a Previous Relationship. I’ve Since Remarried and Have Children with My Current Wife. How is Child Support Calculated for My Eldest children?
Posted on January 31, 2019 by Author John P. Schuman
In recent years, it has become more commonplace to see “complex” families where one (or more parents) have children with several other parents or is a step-parent to children in...
I’m preparing to Close on My Residential Mortgage. What Identification Will I Need?
Posted on January 18, 2019 by Author Robert P. Adourian
Buying a home is possibly one of the most significant and costly purchases in one’s lifetime. Finding that picture – perfect home and probably feeling, to some extent, a little...
Identification Requirements for Real Estate Transactions
Posted on January 18, 2019 by Author Robert P. Adourian and Louis A. Gasbarre
An important part of preparing for a real estate transaction is making sure that you have sufficient identification documents to satisfy the requirements of your realtor, lawyer and mortgage lender....
Spousal Support and Early Retirement - Is it a Material Change in Circumstances and/or Can Spousal Support End in the Event of Early Retirement?
Posted on January 08, 2019 by Author Robert P. Adourian and Louis A. Gasbarre
Spousal support, sometimes referred to as maintenance or alimony, are funds that are paid to one spouse to another upon separation or divorce. There are various reasons as to why...
Can I Claim Compensation from a Distracted Driver and How Will The New Distracted Driving Laws in Ontario Affect Road Users?
Posted on December 27, 2018 by Author Marc Spivak
In a recent blog post, we discussed the legalities surrounding the operation of motor vehicles while impaired by alcohol or drugs, under the Criminal Code of Canada. Accompanying the fairly...
I’m Getting a Divorce, What Are My Rights to the Family Business?
Posted on December 20, 2018 by Author Marc Spivak
When divorce is contemplated by either one or both spouses, often it is time to start thinking about the division of assets. This could include the matrimonial home, financial accounts,...
I Have Been Assaulted, Can I Claim Compensation for Personal Injury Arising From This Assault?
Posted on December 13, 2018 by Author Marc Spivak
In Canada, reasonable expectation of personal safety is enforced criminally and civilly and in a previous post we already described the implications associated with dishonest sexual assault accusations, defamation of...
Common Law Couples: Exclusive Possession of The Home
Posted on December 11, 2018 by Author Marc Spivak
More than ever, unmarried (or “common law”) couples are living in conjugal relationships that are indistinguishable from marriage. Many of these couples will be surprised to learn that, in Ontario,...
The Original Will Has Been Misplaced or Destroyed – What Options Do I Have?
Posted on December 04, 2018 by Author Robert P. Adourian
We have recently looked at the validity of a Will when the uncertainty of the testator’s wishes are apparent. Especially in the instance whereby the testator has more than one...
I Want a Divorce - What Are The Steps In Getting a Divorce in Ontario?
Posted on November 23, 2018 by Author Robert P. Adourian
Until married couples obtain a divorce, the law still considers them to be married, even if they are living separate and apart. This may have implications on spouses’ estates rights,...
I have Relocated to Canada – Can My Parents and Grandparents Come With Me?
Posted on November 10, 2018 by Author Robert P. Adourian
Emigrating to another country can sometimes be a very lengthy and daunting process. Often families are forced to temporarily leave their loved ones behind and set up home in a...
Common Law Couples: What Happens to Our Jointly Owned Home After Separation?
Posted on November 08, 2018 by Author Robert P. Adourian
The definition of “common law” couples differs depending on which legal rights are in question, and it is possible to be considered “common law” in one context, but not another....
Update: “Taking the High Road” – Crossing the Canada/US Border following the Legalization of Cannabis
Posted on October 23, 2018 by Author Robert P. Adourian
In our previous blog post, we discussed the serious implications of cannabis affiliation at the U.S. Border. With the very recent legalization of cannabis, this topic has also made headlines....
Cannabis: Legislation passed For Legalization - But What Happens Next?
Posted on October 20, 2018 by Author David M. Schell
On October 17, 2018, the historic formation of a new industry was birthed and the decriminalization of cannabis and its recreational use was finally introduced. A day whereby some thought...
Canadian Courts and Mahr Agreements – Can My Mahr Agreement be enforced?
We have discussed the topic of divorce in a previous blog post, however at Devry Smith Frank LLP, we are aware that typically, traditions vary in different cultures. In particular,...
Employment Bill 148 is Being Scrapped…But Which Parts Are Uncertain
Posted on October 10, 2018 by Author Marty Rabinovitch
Last week Doug Ford announced that he was halting the implementation of a $15 per hour minimum wage in Ontario but it looks like he is seeking to additionally roll...
Is Your Will Still Valid After A Recent Ontario Ruling?
Posted on October 02, 2018 by Author Marty Rabinovitch
A recent decision stemming from the Ontario Superior Court of Justice is likely to have far-reaching implications on wills across the Province, and your will could be one of them....
Ontario’s New Standard Lease Agreement Starting April 30, 2018
Posted on September 07, 2018 by Author Marty Rabinovitch
Padmapper released a rent report earlier this year showing Barrie as the third most expensive city in Canada to rent a two bedroom ($1,650/month), and the fifth most expensive for...
Supreme Court Refuses Leave to Appeal: Toronto Real Estate Agents Must Publish Data
Posted on August 30, 2018 by Author Larry W. Keown and Katelyn Bell
On Thursday, August 23 2018, the Supreme Court of Canada (SCC) declined to hear an appeal that has been over seven years in the making. For the last seven years,...
Taking the High Road: Canadians Crossing the US Border
Posted on August 21, 2018 by Author Larry W. Keown and Katelyn Bell
Many of our readers may be pleased about the soon-to-be legalization of marijuana. These same readers may find themselves feeling slightly relieved, as gone are the days where smoking pot...
Settlement Judgement May Not Be The End of Legal Battles for Clarinetist
Posted on July 20, 2018 by Author Larry W. Keown and Katelyn Bell
In a shocking decision, rising star clarinetist Eric Abramovitz was awarded $375,000 in a default judgment against his ex-girlfriend Jennifer Lee. Mr. Abramovitz was offered a full scholarship to study...
Trinity Western Decision
Posted on July 05, 2018 by Author Larry W. Keown and Katelyn Bell
The Supreme Court of Canada has rendered a decision that is an important victory for the promotion of equality, diversity and access to justice in Canada. On June 15, 2018,...
Cannabis and the Workplace
Posted on June 11, 2018 by Author Larry W. Keown and Katelyn Bell
Canada’s proposed Bill C-45, The Cannabis Act, is expected to come into force on July 1, 2018, as will Ontario's Cannabis Act, 2017. At that point, in Ontario, it will...
The Family Rules are Changing on July 1, 2018 and Lawyers and Litigants Should Take Note
Posted on June 07, 2018 by Author Larry W. Keown and Katelyn Bell
Come July 1, 2018, the Family Law Rules (the rules that govern the process of family law court cases in Ontario) will undergo some substantial changes. Changes have been made...
Canada to Get Its First Major Update to the Divorce Act in Twenty Years
Posted on May 23, 2018 by Author Larry W. Keown and Katelyn Bell
On May 22, 2018, the federal government introduced Bill C-78, An Act to Amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and...
Legal Grounds For Will Challenges
Posted on May 16, 2018 by Author Larry W. Keown
The loss of a loved one can be a devastating and overwhelming experience. While mourning a loss, you may find yourself scrambling to ensure that all of your family’s affairs...
Part 1: The Construction Act - Proposed Changes to the Construction Lien Act
Posted on May 09, 2018 by Author Adam V. Grossi and Christopher W. Statham
Part 1: The Construction Act - Proposed Changes to the Construction Lien Act This is Part 1 of a continuing blog series on the proposed changes to the Construction Lien...
When Does an Executor Pass their Accounts?
Posted on April 16, 2018 by Author Adam V. Grossi and Christopher W. Statham
A passing of accounts is essentially an estate audit. Much like the CRA can pour over your tax returns with a fine tooth comb, a beneficiary, and later a judge,...
Criminal Record vs. Police Records
Posted on March 19, 2018 by Author David M. Schell
Those who first come into contact with the criminal justice system often want to know – will I end up having a criminal record? The typical answer has been that...
Introduction of Cannabis Lounges: Good for Users?
Posted on March 08, 2018 by Author David M. Schell
Cannabis Consumption in Ontario Under the current proposed regulations, the Ontario Government intends to control and operate the sale of marijuana. The Liquor Control Board of Ontario will operate approximately...
Changing Weekend Visitation
Posted on February 16, 2018 by Author John P. Schuman
Family Lawyer John Schuman was asked the following question: My ex wants to keep my daughter this weekend and it is my weekend. I live in Ontario and this is...
Landlords Want to Ban Pot in Rentals
Posted on February 07, 2018 by Author John P. Schuman
Some residential landlords want to be able to ban the use of marijuana smoking in rental units when recreational use is legalized. Currently, the Residential Tenancies Act does not include...
Concerns with Canada's Plan for Marijuana Regulation
Posted on February 06, 2018 by Author John P. Schuman
Canada’s approach to cannabis regulation has some people worrying. The federal government's resources for guidance in developing the existing regulations including those regarding control by the federal and provincial governments,...
What Happens When Your Child's School Registration Form Contains False Custody Information?
Posted on January 31, 2018 by Author John P. Schuman
Family and Education lawyer John Schuman was asked the following question: What are the legal penalties for someone who has filled out an Ontario elementary school registration form with false...
Failure to Contact Interpreter Critical in Decision to Set Aside Over 80 Conviction
Posted on January 29, 2018 by Author David M. Schell
In the recent case of R. v. John, a summary conviction appeal court set aside a conviction for Over 80 as a result of the police not contacting an interpreter...
Can My Parents Take A Condo From Me That They Purchased Under My Name?
Posted on January 19, 2018 by Author John P. Schuman
Family Lawyer John Schuman was asked the following question: My parents purchased a condo under my name, is there a way for them to legally take the condo back? I...
UPDATE: “Crane Girl” Granted Absolute Discharge
Posted on January 11, 2018 by Author John P. Schuman
If you remember “Crane Girl”, an adventure-seeking woman by the name of Marisa Lazo who scaled a crane in April last year, you may have noticed she is in the...
Personal Growth and Use Limitations
Posted on January 09, 2018 by Author John P. Schuman
The Cannabis Act, once in force, prescribes a number of limitations regarding the personal cultivation and consumption of marijuana in Canada. For example, the Act permits anyone over the age...
Tim Hortons Franchises Reduce Employee Benefits
Posted on January 08, 2018 by Author John P. Schuman
The news has been filled with stories about certain Tim Hortons franchises reducing employee benefits and no longer paying employees for their breaks. What these franchises have done is a...
New laws to take effect this year
Posted on January 05, 2018 by Author John P. Schuman
Over the last half of 2017 there was a flood of information on what was going to take effect in 2018 and how we are to prepare for it all, taking...
Public Schools Cannot Just “Kick Kids Out” – They Must Have A Full Expulsion Hearing
Posted on January 03, 2018 by Author John P. Schuman
It may seem obvious, but School Principals cannot expel students without actually expelling them. In Ontario, allowing children access to a publicly funded education is a fundamental value. Children should...
Uber Data Breach Affecting 815,000 Canadians, Investigation Launched
As much of the world has heard, Uber has had a data breach that affected people worldwide. Now, after several demands from a number of levels of Canadian governments, Uber...
Fair Insurance Act
Posted on December 19, 2017 by Author Marc Spivak
The Ontario Liberal government, just prior to an election, claims it has again decided to address high automobile insurance premiums (but ignores the negative effect of these changes on victims...
Facts about Bill C-45, Canada’s Proposed New Cannabis Act – Still More Questions than Answers?
Posted on December 13, 2017 by Author Marc Spivak
Bill C-45 (An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts), also known as Canada’s proposed Cannabis Act, recently passed...
National Housing Strategy
Posted on December 12, 2017 by Author Marc Spivak
On Wednesday, November 23, Justin Trudeau announced the federal government’s 10 year national housing strategy. The federal housing strategy is aimed at ensuring that Canadians have access to affordable homes....
Postal Code Project – CRA Targets Wealthy Canadians
Posted on December 05, 2017 by Author Marc Spivak
Canada’s wealthiest individuals have been put under a microscope. The Canada Revenue Agency (CRA) has launched a project dubbed the “Postal Code Project” that is targeting taxpayers residing in affluent...
The Importance of Shareholder Agreements
Posted on December 01, 2017 by Author Marc Spivak
Any business that has two or more shareholders or equity investors should seriously consider having a shareholder agreement to protect not only the shareholders but also the business itself. Too...
Cracking Down on the Issue of Parental Alienation
Posted on November 30, 2017 by Author Marc Spivak
In the UK, parents who are going through a separation or divorce could potentially be denied contact with their children if they try to turn them against their former spouse...
Third Party Litigation Funding: Where is it in Canada?
Posted on November 29, 2017 by Author Marc Spivak
Third-party litigation financing presently plays a role in class actions and personal injury cases in Canada. After the event (ATE) insurance is increasingly common for plaintiffs to obtain in pursuing...
An Increase In Lots May Lead To An Increase In Opposition
Posted on November 28, 2017 by Author Marc Spivak
In the City of Toronto, consent applications are required for a variety of reasons, however, one of the most common ones is to divide the land into multiple lots. Depending...
“Defence of Others” Raised In Fatal Hit And Run Case
Posted on November 23, 2017 by Author David M. Schell
After a number of court appearances there has been a major development in the case involving a man who claims he ran over someone to save a woman’s life. On...
Proposed Change to Ontario’s Family Law Act affecting Adult Children with Disabilities
Posted on November 21, 2017 by Author David M. Schell
Ontario has recently introduced an amendment to the provincial Family Law Act that aims to make all adult children with disabilities, regardless of the martial status of their parents, eligible...
Proving Damages: Mental Injury is no different from Physical Injury
Posted on November 21, 2017 by Author Marc Spivak
In a decision released this summer, the Supreme Court of Canada has clarified that a psychiatric diagnosis is not required to find damages for mental illness. Recognition of mental injury...
CRA Targeting Tax Avoiders Through Online & Mobile Payment Companies
Posted on November 20, 2017 by Author Marc Spivak
Two online payment companies that operate within Canada have been ordered to turn over information about their account holders to the Canada Revenue Agency (CRA). On November 10, 2017, PayPal...
Is There a Constitutionally-Protected Freedom to Not Associate?
Posted on November 17, 2017 by Author Marc Spivak
Unless specific circumstances have been met in a criminal case, or the case in question is a Reference, appeals are heard by the Supreme Court only if leave to appeal...
Condominium Disputes
Posted on November 15, 2017 by Author Marc Spivak
Condominium Law Reforms The tools for resolving disputes under the Condominium Act, 1998 (the “Condo Act”) were mandatory private mediation-arbitration and the courts. The mechanisms provided for under the Condo...
The Paradise Papers: The Risks of Offshore Tax Havens
Posted on November 13, 2017 by Author Marc Spivak
On November 5, 2017, another leak of offshore tax haven information, dubbed the “Paradise Papers”, was disclosed by the International Consortium of Investigative Journalists (ICIJ). As a result of the...
CRA Investigating “Shadow Flipping” of Toronto Condos
Posted on November 06, 2017 by Author Marc Spivak
Due to the booming real estate market in Canada over the past year, the Canada Revenue Agency (“CRA”) is scrutinizing the practice of “shadow flipping” or “assignment sales”. This is...
Winter Driving Warning! From Personal Injury Lawyer Marc Spivak
Posted on November 02, 2017 by Author Marc Spivak
Winter is around the corner. Make sure your vehicle is prepared for possible winter driving disasters. Winter brings low visibility and treacherous roads. Combine that with young and inexperienced drivers,...
Increase in Self-represented Litigants Increases Issues
Posted on October 25, 2017 by Author Marc Spivak
Recent news stories have been buzzing about the implications of Dellen Millard, the person accused of murdering Laura Babcock some years ago, foregoing counsel and choosing to act as a...
UPDATE - Tax Measures Targeting Privately Held Corporations
Posted on October 19, 2017 by Author Marc Spivak
On July 18, 2017, the Department of Finance released a set of proposals to amend the Income Tax Act (the “July 18 Proposals”). The position taken by the Department of...
Provisional Application of CETA
For Canadian businesses that are growing insecure about the potential consequences resulting from the re-negotiation of NAFTA, CETA may be an opportunity to diversify ties to the international market. Any...
Bill to increase Minimum Wage hotly debated in Ontario Legislature
Posted on October 18, 2017 by Author Marc Spivak
Bill 148, Fair Workplaces, Better Jobs Act, 2017, is in the midst of being debated by members of the Ontario Legislature. The Bill proposes changes to Ontario’s Employment Standards Act,...
September Home Prices and The National Index
Posted on October 17, 2017 by Author Marc Spivak
There has been a lot of discussion lately around the recent slow downs to the real estate markets in Toronto and surrounding areas. A number of factors can be said...
Ontario Legislature moves to regulate Life Leases in bid to protect Seniors
Posted on October 16, 2017 by Author Marc Spivak
Bill 155, introduced in the Ontario Legislature on September 20, 2017, proposes a new law to regulate, so-called, ‘life leases’, a type of lease arrangement that lasts for no less...
Colleges and Faculty to Continue Contract Discussion to Avoid Strike
Posted on October 10, 2017 by Author Marc Spivak
In a previous blog post, we discuss the call for a strike that Ontario’s colleges faculty members will vote for in the fall, after rejecting a 7.5% wage hike offered...
If My Guests Drive Drunk/Stoned, Am I Responsible?
Posted on October 06, 2017 by Author Marc Spivak
October is here, and over the next few months, there will be a number of family gatherings and work events that may involve the consumption of alcohol/drugs. When your guest...
Toronto Zoo Strike Costs Toronto $4 Million
Posted on October 04, 2017 by Author Marc Spivak
Last spring, the Toronto Zoo saw a strike over wages for its workers, which caused the Zoo to remain closed for 5 weeks while an agreement was reached. The agreement...
Toronto Home Sales Continue to Tank This Fall
Data shows that September continued to be a month of decline for the Toronto real estate market, with sales falling between 38 and 45 per cent compared to a year...
Drug Evidence Excluded in Strip Search Case
Posted on October 02, 2017 by Author David M. Schell
In a recent decision from the Ontario Court of Justice (R. v MacPherson, 2017 ONCJ 615 (CanLII)), an accused was facing charges of possession of crack cocaine for the purpose...
22-year-old Man Charged in Travel Agent Scam
A Toronto man posed as a travel agent and sold fraudulent tickets to travelers last summer, collecting the money via Interac e-Transfer which ranged from $400 - $3,000 each. When...
Oakville Rejects Proposal to Demolish Glen Abbey Golf Course
Posted on September 28, 2017 by Author David M. Schell
One of Ontario’s finest golf courses that has hosted 28 Canadian Opens, was on the docket at Oakville Town council on Wednesday, as ClubLink applied to have the historic golf...
Ontario’s Workforce is Increasingly Temporary
Posted on September 27, 2017 by Author David M. Schell
Recently, Fiera Foods, an industrial bakery in Toronto, came under fire for the third death of a worker at its factory since 1999. All three workers were temporary workers and...
Recycling Plant to Pay $1.33M in Fines, Back Wages
Posted on September 26, 2017 by Author David M. Schell
A recycling plant in North York has been employing temp-workers for years at a low-wage and has been ordered to pay $1.33M in fines and back pay to workers. Canada...
Harsher Penalties Proposed for Distracted Driving
Posted on September 22, 2017 by Author David M. Schell
Harsher penalties have been proposed for distracted and careless drivers, in an effort to help save the lives of pedestrians and cyclists. The proposed changes introduce a new provincial offence...
Ontario’s First Post-Secondary Marijuana Production Certificate
Posted on September 21, 2017 by Author David M. Schell
Niagara College will become the first college to offer a post-secondary certificate in marijuana production, which will launch in the fall of 2018. The program has been approved by the Ontario...
Top Intersections for Condos in Toronto
Condos have been taking over the Toronto skyline, with more to come not only in the downtown core, but in popular hubs around the entire city. New builds provide a...
Canada Not Ready for New Wave of Asylum Seekers
Posted on September 20, 2017 by Author David M. Schell
Canada is not ready to handle a second wave of asylum seekers who may be fleeing the United States, especially when the Temporary Protected Status (TPS) is going to expire...
WSIB to Re-examine Rejected Claims from Former General Electric Employees
Between 1945 and 2000, General Electric’s factory in Peterborough was the epicenter for many work-related illnesses among employees and retirees, a study of chemical exposures at the plant reveals. This however, is nothing new....
Amendments to the Residential Tenancies Act
Posted on September 19, 2017 by Author Adam V. Grossi
On Friday, September 1, 2017, changes to the Residential Tenancies Act, 2006 (“RTA”) affected how landlords can terminate a tenancy. Bill 124, Rental Fairness Act, 2017 amended some of the...
Sears Pension Issues shows a Need for Diversification
Sears Canada pensioners are still fighting for a payout, and some are shocked to see what they’re receiving from their pension due to the company’s insolvency process. Sue Earl, a...
Google Faces Class Action Lawsuit Over Gender Pay
Posted on September 18, 2017 by Author Adam V. Grossi
Google is under fire yet again with another lawsuit, this time, it has to do with gender-based pay discrimination at their headquarters in Mountain View, California. As much as 90...
15 Arrested in Another Canna Clinic Raid
Posted on September 15, 2017 by Author Adam V. Grossi
Toronto police have raided another Canna Clinic just days after the government unveiled a sales plan for legal marijuana, making private dispensaries such as the Canna Clinic in Kensington Market...
3-Point Turns are U-Turns, Says Police and Courts
Posted on September 14, 2017 by Author Adam V. Grossi
Many drivers know the difference between a U-turn and a 3-point turn, but it turns out that each have some similarities. A man from Brampton, Michael Robinson, executed a three-point...
End to DACA in Sight?
Trump has recently announced that the controversial DACA program is coming to an end. He has turned the decision over to Congress to determine the proper legislative response to ensure...
Ontario to Have Employees Trained for Pot Stores Next Year
Posted on September 13, 2017 by Author Adam V. Grossi
Kathleen Wynne announced that 150 stores will sell marijuana once it is legalized and the LCBO will oversee the operation of all stores. The LCBO has the expertise for the...
Man Arrested for Disrupting Filming in Riverdale
Posted on September 13, 2017 by Author David M. Schell
HBO has been filming a movie featuring Michael B. Jordan and Scarborough-born YouTube star Lilly Singh, however a frustrated neighbour of 450 Pape Avenue took matters into his own hands,...
CBSA Arrests 2, Recovers 273kg of Cocaine in Sailboat at Nova Scotia Harbour
Posted on September 12, 2017 by Author David M. Schell
Canada Border Services Agency (CBSA) officers found approximately 273kg of cocaine on board a 29 foot boat, calling it “unusual” that such a small vessel had that much of a...
Ontario Legislature Returns From Summer Break – Labour & Marijuana to be Main Focus
Posted on September 11, 2017 by Author David M. Schell
Queen’s Park resumes today after summer break, with much to keep them busy this fall. They will focus on the labour law changes and marijuana legalization which is set for...
LCBO to run Marijuana Stores
When marijuana is legal next year, you won’t be able to get it from those so-called “dispensaries” that have been popping up around the GTA. Why? You may ask, Kathleen...
Midrise Condo Battle may go to Mediation with OMB
Posted on September 07, 2017 by Author David M. Schell
High-profile residents of the Annex have brought their fight against a proposed midrise condo development to the Toronto & East York community council, which agreed Wednesday to have the city’s...
Brazil’s Former Presidents accused of Forming a Criminal Organization
Former President of Brazil Luiz Inacio Lula da Silva, Dilma Rousseff and other staff part of their Workers’ Party have been accused of forming a criminal organization. Charges were filed...
Toronto Housing Market Update: August 2017
Posted on September 06, 2017 by Author David M. Schell
Home sales slowed down through August so much that there was a 34.8 per cent drop in sales compared to last year. This marks the fourth month in a row...
Insurance Adjusters in U.S. look to save time by using Drones to assess Damage
Posted on September 05, 2017 by Author David M. Schell
Travelers Insurance in the U.S. is responding to the hurricane in Texas by training their adjusters to become certified drone pilots. Travelers Insurance had 65 certified pilots as of Friday...
Service Dog Not Allowed in Elementary School
Ontario’s Human Rights Tribunal has recently ruled that a 9-year-old boy with autism does not have the right to bring his service dog with him to class. This ruling marks...
Driver Acquitted of Impaired Driving Charges after News Crew Filmed Him at RIDE Checkpoint
Posted on August 31, 2017 by Author David M. Schell
Due to a Global News crew filming a man who was pulled over, Kunal Gautam, at a RIDE check, a judge has acquitted his impaired driving charges. The judge, Ontario...
Mid-rise Housing, The Next Best Thing for Toronto Real Estate?
With detached homes in Toronto reaching unattainable prices and an abundance of high rise condos taking over the city skyline, most of which are either purchased and sitting empty or...
How is the Money from the Sale of a House Divided in a Divorce?
Posted on August 30, 2017 by Author John P. Schuman
Family lawyer John Schuman was recently asked this question: I bought my home in 1995 and it became the matrimonial home when i married my husband in 2009. I'm filing...
Significant Changes Coming to Ontario’s Labour and Employment Laws
Ontario is one step closer to approving the minimum wage increase of $15 an hour, however that is not the only change that is on Ontario’s horizon. A legislative committee...
Am I on the Hook to Pay Child Support Retroactively?
Posted on August 29, 2017 by Author John P. Schuman
One of DSF's Toronto Family Lawyers was recently asked the following question: Can child support payments be retroactive? My former spouse never claimed child support and on top of that...
Barrie's Real Estate Market Struggle
Posted on August 28, 2017 by Author John P. Schuman
Many home-buyers got caught in the spring real estate downturn. As a result, many homes have had delayed closings and people have even backed out of real estate deals, not...
Gender Neutral Passports will be Available for Canadians
Posted on August 25, 2017 by Author John P. Schuman
Gender-neutral passports will soon be making their way into the hands of Canadians. Canadians who do not identify as male or female will soon be able to mark an “X”...
Highly-skilled foreign workers and tech industry look to Canada
There has been an on-going debate as to whether expedited visa programs for highly-skilled foreign trained workers are salutary from a domestic labour point of view. One perspective decries them...
When Discrimination is Not Prohibited: Housing
Posted on August 24, 2017 by Author John P. Schuman
Caleb Pheluong, a Vancouver resident, was served eviction papers once his landlord discovered that he intended to have his boyfriend stay over one night. The landlord expressed to him via...
Parking Ticket Disputes are About to Change
Frustrated about getting a parking ticket and having to fight it, only to realize your court date is set for a time too far in the future? Well, the parking...
Dispute over Custody of the Dog(s)
Posted on August 24, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student Back in January, we discussed the issue of dogs having rights similar to that of children in a custody battle. Mention was made to...
Former Lottery Worker Sentenced to 25 years for Rigging Winnings
Posted on August 23, 2017 by Author Katelyn Bell
On Tuesday, former security director for the Multistate Lottery Association (MLA) Eddie Tipton, was given the maximum sentence – 25 years. Tipton was charged with ongoing criminal conduct for a...
Damages Awarded in Anti-SLAPP Ontario Case
Posted on August 22, 2017 by Author Katelyn Bell
United Soils v. Mohammed is the first Ontario judicial ruling to award damages to a defendant under Ontario’s anti-SLAPP legislation that was enacted in 2010. The government has been trying...
Six Figure Income Required To Buy in the GTA
If the past year of insanely high home prices hasn’t made you rethink home ownership, maybe this new report will. Two real estate companies conducted separate studies and have come...
Update: Laid-off Sears Workers land hardship fund
Posted on August 21, 2017 by Author Katelyn Bell
By: Stuart Clark, Student-at-Law In an earlier blog, we noted that Sears Canada had agreed to create a fund for former employees who were denied severance payments while the company...
Laid-off Sears Workers land Hardship Fund
Posted on August 17, 2017 by Author Katelyn Bell
By: Stuart Clark, Student-at-Law According to the Financial Post, Sears Canada has agreed to create a fund for former employees who were denied severance payments as the company restructures itself....
Police now require Search Warrants to Obtain Hydro Records for Grow-Op Investigations
By: Nicolas Di Nardo Police practices are about to change, now that the Ontario Court of Appeal has ruled that police investigating a suspected marijuana grow-op now require a search...
Canadian Government Launches the Global Skills Strategy
Posted on August 16, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student On June 12 of this year, the Government of Canada announced the commencement of the Global Skills Strategy. The program was originally announced back...
Legal Limbo
Posted on August 15, 2017 by Author Katelyn Bell
By: Samantha Hamilton, Student-at-Law There is a gap in the deportation system, and it is being filled with indefinite detention. But is this acceptable? A recent decision from the Federal...
Ontario’s Colleges Call for Strike
Posted on August 10, 2017 by Author Katelyn Bell
By: Stuart Clark, Student-at-Law According to the Toronto Star, the Ontario government has offered faculty members at the province’s colleges a 7.5% wage hike. However, the Ontario Public Service Employees...
Gateway to Canada: Roxham Road
By: Nicolas Di Nardo Desperate migrants are still making a run for it to Canada’s border. Since Trump took over the highest office, a tiny dead end on Roxham Road...
Minister of Justice Suggests Lowering The Legal Alcohol Limit
Posted on August 09, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo The days of romantic dates could potentially disappear if the Federal government decides to reduce the legal alcohol limit for licensed drivers. Justice Minister Jody Wilson-Raybould...
Toronto Man Subjected To 'Cruel and Unusual' Punishment While Detained By Brantford Police
Posted on August 03, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo, Junior Marketing & Administrator Treatment of prisoners is a big issue that for the most part, goes unseen by many all over the world. Many countries...
Toronto Man Sentenced to Life in Prison, Eligible for Parole after 25 Years
Posted on August 01, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo, Junior Marketing & Administrator A man that was on the verge of marriage, Brett Ryan, 36, pleaded guilty last week to killing his mother, and two...
Police Brutality Leads to Thrown Out Charges
Posted on July 31, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student The Canadian Charter of Rights and Freedoms (“Charter”) guarantees certain protections to Canadian citizens, such as the right to life, liberty and security of...
Canna Clinic Staff Charged in Multiple Police Raids
Canna Clinic has been raided for the third time in only two weeks. Canna Clinic is a B.C.-based dispensary chain that has opened up in Toronto. The initial raid took...
Update: 700 Employees at Pearson International Airport Go On Strike
Posted on July 28, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo As noted in our blog published earlier this week, 700 employees have gone on strike at Toronto’s Pearson International Airport. The 700 employees represented by the...
Man pleads Guilty to Disruption on Air Canada Flight
Posted on July 27, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo A drywaller from Amhurstview, Ontario is potentially facing up to two decades behind bars. Brandon Courneyea, the defendant, admitted to interfering with a flight attendant last month....
Teen Charged After Colliding with Police Car
By: Nicolas Di Nardo Tuesday night, a teen was charged after colliding with a police cruiser. The car the teenager was driving was allegedly stolen. Peel Region Police were responding...
Possible Strike at Pearson Airport Beginning Thursday
Posted on July 26, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo Already checked in for your flight tomorrow? Flying out of Pearson by the end of the week? You better make sure you continuously check your flight...
Mitchell Irwin Sentenced to 4 years Behind Bars, 6 year Driving Ban
Posted on July 25, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo Yesterday’s blog outlined the incident that occurred on June 13, 2015, when Mitchell Irwin sped through an intersection, hit a cyclist and left the scene. The...
Christopher Husbands: Eaton Centre Shooter Granted New Trial
By: Katelyn Bell, Summer Law Student In a previous blog post, we discussed the possibility of a new trial being granted to Christopher Husbands. Husbands was the perpetrator in the...
Driver Charged in Attack of 74 year-old Cyclist in Peterborough
By: Nicolas Di Nardo A video that surfaced (WARNING: Graphic Content) on the internet of an incident that occurred last Tuesday around 11 a.m., has led to a man being...
Driver of Vehicle that Killed Cyclist in 2015 to be Sentenced
Posted on July 24, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo Back in June 2015, Mitchell Irwin, now 21, struck a cyclist, Adam Excell, 26, while he was biking at night. Now two years later, Irwin owned up...
Exxon Mobil Violated Russian Sanctions when now U.S. Secretary of State Rex Tillerson was the President and Director
Posted on July 22, 2017 by Author Katelyn Bell
By: Michelle Cook, Summer Law Student On Thursday of last week, the Treasury Department fined Exxon Mobil a meagre $2 million for violating sanctions that the U.S. had imposed on...
Monkey Sues Human Over 'Selfies' Taken In 2011
Posted on July 21, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo It’s 2017 and apparently, every year that goes by brings something new that we never thought we’d ever see possible. Now, animals seem to be able...
Canada's Immigration Detainees: Locked Up By Dodgy Risk Assessments
Posted on July 20, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo A recent blog post highlighted an immigration detainee that went to court to fight for his release after being locked up for 4 years while awaiting...
Security Tightens as U.S.-bound Flights Require Enhanced Screening
Posted on July 19, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo Enhanced security measures on any U.S.-bound flight begins today at Pearson Airport. Airlines such as Air Canada and WestJet have already advised passengers to arrive at...
Lululemon sues Under Armour Over a $52 Sports Bra
By: Nicolas Di Nardo Two of the biggest athletic apparel companies are about to go to war, this time, in court and over a sports bra. Lululemon Athletica (NASDAQ: LULU),...
Is Toronto Now a Buyers' Market?
By: Nicolas Di Nardo The CREA has stated that the GTA has had the biggest drop in sales in June, and Toronto has now fully moved from sellers’ territory (ratio...
Bill C-6 and a Smoother Path to Canadian Citizenship
Posted on July 18, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student Bill C-6, an Act to Amend the Citizenship Act and make consequential amendments to another Act, was introduced in Parliament on February 25, 2016....
Paramedic Who Had His Mother Die In His Arms Denied Workers’ Compensation
Posted on July 13, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student It is common practice for Paramedics to arrive for their shifts up to a half an hour prior to their scheduled start time. This...
Law and Society: Forever Evolving
Posted on July 11, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo Canadian judges are going back to school, or at least, that’s what it feels like. Judges must “understand the people they are judging” says Justice Adele...
Bradford Man Charged with Child Abandonment
Posted on July 10, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo Canada Day, the day we celebrate an important milestone, the anniversary of the enactment of the Constitution Act, 1867 (July 1, 1867). The celebration this year...
Quebec Hunter Petitions to Make Squirrel Hunting Legal
Posted on July 07, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student Poutine, a favourite among many Canadians. While some aren’t too adventurous with the meal and tend to stick with the common-yet-delicious cheese curds (me),...
The Legality of Refusing to Bake a Wedding Cake Because of Sexual Orientation
Posted on July 04, 2017 by Author Katelyn Bell
By: Michelle Cook, Summer Law Student In Canada, it is illegal to discriminate against people on the basis of sexual orientation, especially in the case of commercial business services available...
National Light Bulb Disposal Strategy to be Introduced
By: Nicolas Di Nardo The federal government is looking to guide Canadians on how to properly dispose of light bulbs that contain mercury. Bill C-238, The National Strategy for Safe...
The City of Brampton is Looking To the Future
By: Nicolas Di Nardo The city of Brampton has hired a world-renowned urban planner to make the suburb of Toronto future-ready. Larry Beasley, urban planner, has been involved in the...
Ken Pagan granted Conditional Discharge over Beer Can Toss Incident
By: Nicolas Di Nardo Ken Pagan, known as the Toronto Beer Can Thrower was sentenced last week. If you are not caught up with the incident, please look to our...
Legally Bound to be Faithful During the Marriage?
Posted on June 30, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student Celebrities Justin Timberlake and wife Jessica Biel made headlines a couple years back when word spread that they had an “infidelity clause” contained within...
Am I Liable For My Ex-wife's RRSP Losses?
Posted on June 30, 2017 by Author John P. Schuman
Toronto Family Lawyer John Schuman was recently asked the following question: Is there any case law that would show I am not liable for any of the following losses? When...
Anticipated Vaping Bill S-5
Posted on June 29, 2017 by Author John P. Schuman
By: Nicolas Di Nardo Vaping products have been available in Canada for over five years now, and even still in the current landscape, there doesn’t exist very many regulations around...
Failure to Pay an ESA Order Resulted in Jail Time and a $20,000 Fine
By: Michelle Cook, Summer Law Student On June 6, 2017, a Mississauga employer received a jail sentence of 30 days plus an additional fine of $20,000 after failing to pay an order issued...
Rent Increase capped at 1.8% in 2018
Posted on June 27, 2017 by Author John P. Schuman
By: Nicolas Di Nardo Under Ontario law, rent increases can not exceed 2.5 per cent. However, under the new housing reforms, the Liberal government extended their rent control to buildings since 1991...
Challenging the Safe Streets Act
Posted on June 26, 2017 by Author John P. Schuman
By: Nicolas Di Nardo A law created in 1999 known as the Safe Streets Act is being challenged by the Fair Change Community Legal Clinic on the basis that it...
Minimum Wage Embedded In New Law
By: Nicolas Di Nardo With the new minimum wage increase set to become $15 an hour in 2019, it would require the Progressive Conservatives to change labour laws in order to...
Requiring Customers to Come to Stores Has Been Deemed Discriminatory
By: Michelle Cook, Summer Law Student Could companies that require their customers to come into their physical stores be guilty of discrimination? A human rights adjudicator seems to think so....
The Fight Against Solitary Confinement
Posted on June 26, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student The issue of solitary confinement has been long-standing in Canada. Solitary confinement is meant to be ordered on a temporary basis, not on an...
Reasons Why A Starter Home is No Longer an Option
Posted on June 23, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo Toronto’s chief planner Jennifer Keesmaat says you won’t be able to have the traditional starter home that previous generations have had in the city of Toronto...
Income Earned by Wrongfully Dismissed Employees No Longer Automatically Deducted Under the Duty to Mitigate
Posted on June 22, 2017 by Author Katelyn Bell
The duty of wrongfully dismissed employees to mitigate their damages is no longer as clear-cut as it once was. Notice periods are seen as an amount of time, or a...
Affluent Boomers are Taking Pressure from 'YIMBY' Groups in the GTA
Posted on June 21, 2017 by Author Katelyn Bell
By: Nicolas Di Nardo During the recent Ontario Housing Summit the main focus was on millennials and home ownership, and the consensus of the Summit was that there is a need...
Hockey Union alleges the OHL broke Labour Laws
By: Nicolas Di Nardo Back in 2014, a class-action lawsuit was filed against the Canadian Hockey League (CHL) over wages. It claimed the league was breaching minimum wage laws. In...
Bill C-16: Proud to Extend Protections to Transgender and Other Gender-Diverse Persons
Posted on June 20, 2017 by Author Katelyn Bell
June is Pride Month, when we celebrate sexual diversity and gender variance in the context of gains made by the Lesbian Gay Bisexual and Transgender (LGBT) communities. It is thus...
Breaking up Before the Wedding: Who gets the Ring?
Posted on June 19, 2017 by Author Katelyn Bell
By: Katelyn Bell, Summer Law Student Many television shows and movies portray it, and many couples live it. When a couple separates, who really should keep the engagement ring? While...
Many television shows and movies portray it, and many couples live it. When a couple separates, who really should keep the engagement ring? While some may argue that it is...
Update: Proposed Sick Notes Ban
By: Nicolas Di Nardo The praise for the Liberal government’s proposed ban on sick notes continues. During the government’s announcement outlining the proposed changes to Ontario’s labour law, which was...
Determining Summer Custody Schedules with Your Child(ren)’s Best Interests in Mind
Posted on June 08, 2017 by Author John P. Schuman
For many separated families with school-aged children, summer can be a challenge. A written agreement or court order that sets out summer access with the children makes the season a...
Do Ontario Private Elementary Schools Have to Follow the Same Laws and Standards as Public Schools?
Posted on June 06, 2017 by Author John P. Schuman
Many parents send their children to Ontario Private (or Independent) Schools because they want to make sure their child gets a “superior education.” There are many private schools that do...
Toronto Must Figure Out Housing Solutions or Risk Losing Top Young Talent
Posted on June 01, 2017 by Author John P. Schuman
As we are well aware, Toronto’s housing market has been a hot topic for some time now, with the rising prices and record sales. Unfortunately, for those who can’t afford...
New Fairness for Children of Unmarried Couples
Posted on May 26, 2017 by Author Katelyn Bell
A new Constitutional challenge is currently unfolding at the Brampton courthouse. Robyn Coates is challenging the validity of Ontario’s Family Law Act on behalf of her 22-year-old son, Joshua Coates....
Grandparents’ Custody and Access Claims Enhanced by Amendments to Ontario’s Children’s Law Reform Act
Posted on May 23, 2017 by Author Katelyn Bell
Parents’ separations can mean difficult transitions for children. Grandparents very often play a special role in these circumstances, providing their grandchildren with stability and unconditional love when they need it...
Air Passenger Bill: Does it Really Protect Passenger Rights?
Transportation Minister Marc Garneau introduced a Passenger Bill of Rights which is included in a package of amendments to the Canada Transportation Act. This bill is being introduced as a...
General Electric Workers Exposed to Toxic Chemicals for Decades
Posted on May 19, 2017 by Author Marty Rabinovitch
Between 1945 and 2000, General Electric’s factory in Peterborough was the epicentre for many work-related illnesses among employees and retirees, a study of chemical exposures at the plant reveals. This,...
A Threat to Access-To-Justice in Ontario
Posted on May 14, 2017 by Author Katelyn Bell
Legal aid is a central component of the Canadian justice system, and of justice systems elsewhere in the world. Legal aid helps those individuals who are otherwise unable to afford...
Construction Trust Claims: How to Protect Yourself
Posted on May 12, 2017 by Author Katelyn Bell
Caught up in the moment of construction work chaos and scrambling to complete jobs, it is all too easy for invoices to accrue and accounts to build up. While construction...
How Some Gyms are Trying to Avoid Rights under Gym Contracts
Posted on May 10, 2017 by Author Katelyn Bell
Read your contracts carefully! Beach season is coming, which means many gyms are launching “free” trials in order to entice customers to enroll in lucrative contracts at their gym. However,...
Upcoming Liberal Changes to Mandatory Minimum Sentences
Posted on May 09, 2017 by Author David M. Schell
It’s not often that political party leaders will keep the promises they have made to the public. However, in the case of mandatory minimum sentences, Prime Minister Trudeau and the...
How to Change Existing Child Support Payments and Visitation Agreements
Posted on April 24, 2017 by Author David M. Schell
Family lawyer John Schuman was recently asked the following question: I want to change my child support amount and the visitation agreement. How do I go about doing that and...
Update: 16 Measures To Cool Down Toronto’s Red-Hot Housing Market
Posted on April 20, 2017 by Author David M. Schell
Recently, we published a blog post informing the public that on Thursday, today, the Finance Minister would be releasing the measures that all levels of the government will take to...
Ten Measures To Be Announced To Help Fix Toronto’s Housing Market
Posted on April 18, 2017 by Author David M. Schell
On Tuesday, April 18th, 2017 Finance Minister Charles Sousa announced that he is set to unveil 10 measures to help with Toronto’s out of control housing market, which will be...
Millennial Homebuyers and Toronto Real Estate
Posted on April 13, 2017 by Author David M. Schell
It comes as no surprise that the crazy state of Toronto's housing market, with the increased value of homes and condos sitting at 30% or so from this time last year, is...
New Condo Development To Be A Game Changer For Vaughan
Posted on April 12, 2017 by Author David M. Schell
Given the current landscape of the Toronto real estate market, it is not surprising that people are beginning to look further out of the city for a property. The market...
Toronto City Council approves New Apartment Bylaw to Further Protect Tenants
Posted on March 31, 2017 by Author David M. Schell
The City of Toronto recently passed a new bylaw aimed at cracking down on “bad” landlords and providing tenants with more protections. The bylaw, which was passed by the city...
The Future of Canada Revenue Agency Enforcement Activities
Posted on March 30, 2017 by Author David M. Schell
As noted in an earlier blog post, we discussed the joint CBC / Toronto Star investigation and subsequent release of the Panama Papers. In a subsequent Toronto Star article, the...
Solving Ontario Court Delays: Is Limiting Preliminary Hearings The Answer?
Posted on March 28, 2017 by Author David M. Schell
In the wake of the Supreme Court of Canada’s decision in R. v. Jordan, there have been various suggestions on how to deal with the issue of delay in the...
Toronto Real Estate: Spring Update
As the weather begins to get warmer and the daylight lasts longer, the real estate market will be getting busier. Since 2016, a number of cities in Canada have been...
Paying Attention to Detail in Planning Policy
Posted on March 27, 2017 by Author David M. Schell
A new report from the Neptis Foundation is raising questions about Ontario’s planning and development policy for Greater Golden Horseshoe. The report states that 26,100 acres of green land, never...
Internet and a Breakdown of Privacy: The New Era of Sexting and The Courts’ Response
Technology undoubtedly has great power when a superpower nation’s diplomacy can be built on 15-second tweets. A one-second decision to share, send, or post can irreversibly release data within the...
Solving Toronto's Housing Woes
Posted on March 14, 2017 by Author David M. Schell
The Toronto real estate market has been a hot topic in the city for over a year now. Soaring house prices and limited supply has made it difficult for potential...
The Panama Papers: Canadian Bank Begins Closing Client Accounts
Posted on March 10, 2017 by Author David M. Schell
Toronto Tax Lawyer discusses a CBC/Toronto Star investigation that looks into Canada’s tax system, specifically the use of Canadian corporations and limited partnerships as part of a complex offshore money...
Help! Will My Foreign Divorce Be Recognized in Canada?
Posted on March 09, 2017 by Author John P. Schuman
DSF's family lawyer was recently asked the following question: If someone gets divorced in Tennessee, is the divorce legal in Ontario if they haven’t registered their divorce in Canada? I...
Is My Acceptance of a Separation Agreement over E-Mail Valid, Even Without My Signature?
Posted on March 08, 2017 by Author John P. Schuman
DSF's Family Lawyer John Schuman was recently asked the following question: My soon to be ex-wife proposed an agreement between us concerning business, property, child access etc. She sent me...
Open Courts in the Digital Era: Contextualizing the Toronto Star’s Legal Challenge to Alleged Tribunal Secrecy
Posted on March 07, 2017 by Author John P. Schuman
Recently, the Toronto Star has embarked on a legal challenge against what it describes as “blanket secrecy” within Ontario’s administrative tribunal system. At the core of their claim is today’s...
Can I Kick My Abusive Husband Out of the Family Home?
Posted on March 01, 2017 by Author John P. Schuman
One of our Family Lawyers was recently asked the following question: Is it legal to kick my abusive husband out of our house until our divorce is settled? The house...
My Boyfriend Has Been Denied Access to His Son. Can He Fight for More Rights to Him?
Posted on February 28, 2017 by Author John P. Schuman
My boyfriend's ex-girlfriend had his son in late November 2016. He is unable to see his son often and she won't allow him to have him alone as she doesn't...
Is Ontario Really the Litigation Capital of Canada?
Posted on February 13, 2017 by Author John P. Schuman
It is a commonly held belief that Ontario is the litigation capital of Canada. With more lawyers than any other province, a greater population and far larger economy, this idea...
Ontario Government Moves to Dismiss Challenge to Hydro One Privatization
Posted on February 08, 2017 by Author John P. Schuman
Last Tuesday, Ontario’s Liberal government moved to strike a lawsuit challenging the further privatization of Hydro One. If successful, they’ll have removed a major obstacle to the controversial scheme they...
Home Prices Continue to Rise in 2017
Posted on February 06, 2017 by Author John P. Schuman
January has brought yet another spike in home prices as the Toronto Real Estate Board (TREB) reports in the Star that January saw a 22% year-over-year increase in the price for...
Important Tax Information for Parents with Shared Custody
Posted on January 30, 2017 by Author John P. Schuman
A recent Canadian Tax Court Case has important implications for parents with shared custody and the way child support is paid and collected. The decision in Harder v. The Queen...
Renting in Ontario: What Every Pet Owner Needs to Know
Posted on January 27, 2017 by Author John P. Schuman
There is a lot of confusion when it comes to renting a property in Ontario with pets. Many Ontarians believe it is illegal for landlords to discriminate against pet owners...
Yes, You Can Film the Police. No, They Cannot Seize Your Device
Posted on January 26, 2017 by Author Marty Rabinovitch
Recently, a video surfaced online of Toronto Police officers doing their job in public. As long as you are not obstructing them or interfering with their work, you have every...
Leaning on Liens for Payment
Posted on January 20, 2017 by Author Marty Rabinovitch
Construction and renovation work can sometimes involve multi-layered contractual relationships between the various players in a construction project, where there are numerous complex areas of consideration. An owner or developer...
Making Canadian Courts Great Again
Posted on January 18, 2017 by Author Marty Rabinovitch
Trump’s upcoming inauguration for our neighbour down south is looming as many of us are still coming to terms with the election results. To say that the election was a...
Oh Canada, Our Home and “Snow-washed” Tax Haven??
Posted on January 16, 2017 by Author Marty Rabinovitch
The release of a joint CBC / Toronto Star investigation has made headlines across the world and calls Canada’s tax system into question. Most Canadians would argue that Canada’s tax rates are among the...
Denied Access To Your Child? Here’s What You Need To Know
Posted on December 12, 2016 by Author Marty Rabinovitch
Breaking up, as they say, is hard to do. Where there are children in the equation, the question of a parent’s access to the child(ren) can add substantially to the...
Caught My Spouse Recording/Spying On Me!
Posted on October 24, 2016 by Author John P. Schuman
Toronto area family law attorney John P. Schuman was recently asked the following question: “I came home to notice my wife was recording/spying on me with her laptop though she...
Small Claims Court awards double the standard in costs for unreasonable behaviour
Posted on October 03, 2016 by Author Marty Rabinovitch
As a plaintiff, losing your court case is bad. Having to pay thousands of dollars for the defendant’s legal fees is much worse. Part of the strategy in any litigation...
Off-Duty Conduct: Can you be Terminated over Tweets?
Posted on July 17, 2016 by Author Marty Rabinovitch
Toronto Arbitrator Elaine Newman says you can. On November 12, 2014, the Ontario Labour Relations Board upheld the City of Toronto’s dismissal of Matt Bowman, a firefighter with 2.5 years...
What marriage contracts or cohabitation agreements cannot do
Posted on June 26, 2016 by Author John P. Schuman
A previous blog discussed the many benefits to having a marriage contract or cohabitation agreement. That blog described how couples can have certainty in their lives, if they are married...
Workplace Accommodation Has Limits
Posted on June 14, 2016 by Author Marty Rabinovitch
In Pourasadi v Bentley Leathers Inc., the Human Rights Tribunal found that accommodating a store manager by permitting the employee not to assist customers was not required, since assisting customers...
Tax Treatment of Family Law Matters
Posted on March 16, 2016 by Author Marty Rabinovitch
Divorce and separation are understandably difficult periods in a person’s life. Often, they are focused on issues such as the parenting of children, dividing matrimonial property or ensuring that there...
Beware a House of Lies: Negligent Misrepresentation in Real Estate
Posted on December 15, 2015 by Author Marty Rabinovitch
By Ivan Merrow Negligent misrepresentation is a more specific type of negligence claim used to compensate victims of lies or misinformation that cause them harm. In general, people are most...
Are Uber Drivers Properly Insured?
Posted on July 16, 2015 by Author Marty Rabinovitch
Since its inception over 6 years ago, ride-sharing service Uber has continued to make headlines as one of the most controversial technology companies in the mobile era. This “uber-convenient” service,...
Time of Essence Clause in Real Estate Transactions
Remember that time when you made a reservation for a restaurant but later forgot about it or changed your mind right before? And then you breathed a sigh of relief...
Bankrupt Employer ≠ Helpless Employee
Posted on June 09, 2015 by Author Marty Rabinovitch
It has long been recognized by the courts that there is a power imbalance between employers and employees. Given the nature of the employer-employee relationship, one may be able to...
Does Child Support Affect Child Custody or Access?
Posted on February 19, 2015 by Author John P. Schuman
Every family law professional, and every family court judge, will tell you that child custody and access are completely separate issues from child support. How child support is determined is...
Canada Revenue Agency (CRA) Offers Advice for Settling Tax Dispute Claims, Part 1
Posted on July 31, 2014 by Author John P. Schuman
On June 19, 2014, the Canadian Tax Foundation (“CTF”) held an event titled “Tax Dispute Resolution: an Inside Look from the Government’s Perspective.” Devry Smith Frank LLP (“DSF”)’s tax litigation...
Legal advice needed about child custody
Posted on July 09, 2014 by Author John P. Schuman
John Schuman, Toronto Family Law lawyer at Devry Smith Frank LLP, was asked this question just recently: “My ex is trying to get custody of my six year old and...
How Do You Give Money To Your Child, But Not Their Spouse?
Posted on March 07, 2014 by Author John P. Schuman
It is very common for parents to want to give money, or property, to their adult children, but want to keep it from their child’s spouse (their son-in-law or daughter-in-law)....
Seasonal Employees May Be Eligible For Severance Pay
Posted on February 28, 2014 by Author John P. Schuman
The holiday rush has ended and financial reports are in and layoff notices have been issued to some employees, so what about severance pay for seasonal employees? In Snow Valley...
Can Employers Terminate Employees While They are on Leave?
Posted on June 17, 2013 by Author Carrie Kennedy
This blog post was written by employment lawyer, Carrie Kennedy in response to the question: “Can employers terminate the employment of an employee while that employee is on pregnancy leave,...
(Canada) Attorney General v. Johnstone and Canadian Human Rights Commission
Posted on June 03, 2013 by Author Carrie Kennedy
This blog is written by our law summer student, Michelle Farb An employer’s failing to accommodate an employee’s childcare needs constitutes “family status” discrimination under the Canadian Human Rights Act....
What Breach Of Trust In An Employment Relationship Is Too Small To Justify Dismissal?
Posted on May 28, 2013 by Author Carrie Kennedy
Employee of 36 years dismissed after stealing a pack of cigarettes, discharge upheld at arbitration. By: Michelle Stephenson, our law summer student A pack of cigarettes may not be too...
Do You Need An Emergency Temporary Custody Order?
Posted on May 16, 2013 by Author John P. Schuman
Question: How do I go about getting an emergency temporary custody order for my son? Answer: Provided by our Toronto Family Lawyer John Schuman The first question you have to...
Very distressed child asked for advice in upcoming child custody case
Posted on April 08, 2013 by Author John P. Schuman
My friend's child asked for advice on a upcoming child custody case. His parents are in family court and have trial in 2 months on child custody and access. He...
Tax Considerations in Wrongful Dismissal Settlements
Posted on April 03, 2013 by Author Marty Rabinovitch
When employment litigation resolves in a wrongful dismissal settlement, an important issue for the employer and the employee is the tax considerations and how the settlement funds will be allocated....
Tips for completing your Family Law 13.1 Financial Statement
Posted on November 21, 2012 by Author Marty Rabinovitch
Many people faced with having to complete a 13.1 Financial Statement find it a daunting task. Here are a few tips to simplify the process. The idea of completing an...
