Blogs

Blogs

Weddings & Contract Frustration during Covid-19

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 and venues, there are a number of legal implications to...

Custody, Access and Covid19

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 access rights cannot unilaterally change their access schedule on...

3 important things to keep in mind when the Children's Aid Society comes knocking

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 be the result of someone giving Children’s Aid information about...

Occupational Health & Safety Reopening Ontario –Things to Consider Implementing as Businesses Begin to Reopen

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 assess conditions before moving onto the next phase. A practical...

What to Expect from your Personal Injury Case during COVID-19

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 service by the province. From a procedural standpoint, there have...

DSF Lawyer Gets Damages For a 3-Year-Old Subjected to Harsh and Degrading Treatment at a Private School

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 school. The Plaintiffs own a private Montessori school which has...

An Open Email Dated June 15, 2020, From Insurance Defence Lawyer, Miriam Tepperman, To Our Attorney General Regarding the Importance of Jury Trials

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 the system honest. Both aspects are needed. The system is...

An Open Email dated June 12, 2020, from Personal Injury Lawyer, Marc Spivak, to our Attorney General Regarding Suspending Juries in Civil Law Cases

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 for insurance companies on the defence of insurance matters. I...

Reduced Travel Restrictions for Relatives of Canadians and PRs

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 Canadian or PR family member for at least...

Amendments to the Employment Standards Act, 2000 – May 29, 2020 – Impact on Temporary Layoffs

This blog is c0-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 and were faced with an impossible...

COVID-19 – Employer and Employee Frequently Asked Questions Part II

This blog is c0-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 the economy titled “A Framework for Reopening our Province”. The...

How to Deal with an Emergency Parenting Motion during COVID-19

Co-parenting with your ex-partner is difficult even in normal times. Now trying to co-parent amidst a pandemic with ever-changing safety guidelines is even more challenging. The courts are closed until at least July 6, 2020, and only hearing urgent matters....

Canada Labour Code Adjudicator Awards Costs in Unjust Dismissal Case

In P.D. and The Bank of Nova Scotia, Re, 2020 CarswellNat 640, Adjudicator Kaufman considered the issue of whether the Canada Labour Code (the “Code”) authorized adjudicators to award costs in unjust dismissal cases. The complainant P.D. worked as a...

Long-Term Care Homes Ordered to Allow Nurses to Determine Appropriate levels of PPE on the Job

This blog is c0-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 to 79% of COVID-19 related deaths in Canada. The Ontario...

Express Entry Roadmap

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 by Maya Krishnaratne, a partner in our Immigration Law Group....

Insurance in the COVID-19 Era, Can Insurance Save Your Business?

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 the businesses themselves? Government? Insurance? Your company may have insurance...

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 with in light of the pandemic, particularly as assets...

COVID-19 - Family Law Property Scam

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, to try to get ALL of their ex’s wealth....

Changing Child Support or Spousal Support Payments During COVID-19

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 rarely advisable). Separation agreements typically contain review clauses which outline...

Canadian Spouse? Travel to Canada During COVID-19

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 midst of COVID-19. The restrictions affect everyone including citizens, visitors,...

What can I get ticketed for during the COVID-19 State of Emergency in Ontario?

This blog is c0-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 Ontario government with sweeping powers to put measures...

What to Expect With Your Family Law Matter After COVID-19

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. During these unprecedented times,...

Temporary Foreign Workers can enter Canada amidst COVID-19 Travel Restrictions

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 major caveats. TFW’s who are coming to Canada for an...

How is COVID-19 affecting child and spousal support in Ontario?

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 crisis continues and more jobs and businesses evaporate,...

Bringing Motions During COVID-19 in Family Law

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. During these unprecedented times...

Questions Your Landlord Should Not Ask You

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 that there are questions that a landlord simply cannot ask...

The CERB criteria has expanded: Am I eligible?

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 workers were unable to...

How to Deal With Domestic Violence and Child Abuse During COVID-19

This pandemic has brought the surge of another life or death danger: women and children who are forced to self-isolate with their abusive partners. According to the Ontario Association of Interval and Transition Houses (OAITH), a network of 70 shelters...

FORCE MAJEURE IN THE COVID-19 ERA. CAN IT SAVE YOUR BUSINESS?

This blog is co-written by our former articling student, Linda Noorafkan.   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...

Covid -19 - Employer and Employee Frequently Asked Questions

  COVID-19 – Employer and Employee Frequently Asked Questions 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 to...

“COVID-19 cases are on the rise in Ontario. Do I really have to facilitate my ex’s access time with our kids?”

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 majority of cases in the Greater Toronto Area -  Global...

MOVING CANNABIS: The Canadian Perspective

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 uniform across Canada. It deals with the...

Canadian Immigration Status during COVID-19 pandemic

Information regarding the status of flights, border closures and visas is changing by the hour during this pandemic. When it comes to immigration status, there are a few key things to be done to ensure that you are able to...

The Canada Labour Code & Employer Releases

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 companies which cross provincial borders, banks, federal government...

Do I still have to let my kids travel with my ex for March Break amid COVID-19?

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 to commence this Monday, March 16th. March Break tends to...

5 Tips to Keep in Mind When Buying your First Home or Condo

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 can help a great deal. It is essential that you...

Pending Immigration Application? Don’t Delay Biometrics Collection

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 application centre (VAC). In most cases, applicants are required to...

17 year old, Driven to Therapy Without Parents’ Consent

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 adolescents under Ontario's Health and Education Laws. To start, in...

Maximizing the Benefit of a Post-graduate Work Permit

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 (most major universities and colleges will qualify) will be entitled...

What Effect Will My Social Media Presence Have on My Personal Injury Claim?

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 some cases has proven to dominate the way in which...

Can I Form My Own Union?

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 determine whether the union should be certified. A secret ballot...

What the Coronavirus Means for Canadian Employers

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 are in Toronto. COVID-19 has been declared a global health...

Prince Harry and Meghan Markle as Canadian citizens? It’s harder than it sounds

Prince Harry and Meghan Markle have decided that they will live in Canada on a part-time basis with their son, Archie. Social media is buzzing with Canadians delighted that the Prince and the Suits star could be moving to their...

Resignation & Notice Periods: What is Required?

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 an employee is well known. Just as the company is...

How Do I Convince a Family Court Judge That My Ex-spouse Is Incapable of Being a Good Parent?

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 spouse’s behaviour can also lead to the end of the...

How Do I Obtain a Copyright?

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 right to ideas, inventions, and creations in the artistic, literary,...

How Do I Obtain Intellectual Property Rights?

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 right to ideas, inventions, and creations in the artistic, literary,...

What happens when ex-spouses have opposing views on whether or not to vaccinate their children?

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 arbitrator’s decision that allowed the mother to refuse to vaccinate...

Our Child Has Come to Live with Me, How Do I Stop My Child Support Payments to My Ex?

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 support is the right of the child, it is also...

When Does Negligence Become Criminal?

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 is contained at section 219 of the Criminal Code. Section...

Can I Still Claim my Bonus even though I was Wrongfully Dismissed?

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 dismissed employee is eligible to receive a payment...

Do I Have to Give Half Our House to My Ex-Spouse Even Though I Paid for it Myself?

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 loom heavily on those who enter into marriage with...

Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679

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 from the controversial termination clause contained in the contract. The...

Employer Required to Cover Long-Term Disability for Employees Over Age 65

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% of the billed premium towards the Long Term Disability (“LTD”)...

Fired because of Race? Consider a Human Rights Claim

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 British Columbia made a complaint to the British Columbia...

Denial of Employee Benefits to Working Seniors: A Charter Violation

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 issue of whether s. 25(2.1) of the Human Rights...

What is the Student Direct Stream Program? How do I qualify for it?

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” has revamped the Student Direct Stream (SDS), study permits can...

How are "deals" made on "Shark Tank" and "Dragon's Den" valued when it comes to family law?

The public got a behind the scenes look at how the deals made on reality television shows “Shark Tank” and “Dragon’s Den” really take place though Robert Herjavec’s family law case with ex-wife Diane Plese. The lengthy decision Justice Mesbur...

I’m Interested in Purchasing My First Property. What Are Some of The Common Reasons Real Estate Deals Fall Through?

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 transaction that can come with a lot of legal and...

The Home Inspectors Act to Provide more Protection for Homebuyers

The weather is cooling down but the Toronto housing market saw double digit growth this past month. During the frenzy of home buying, due diligence is necessary and hiring the right home inspector could be forgotten from the long list...

Novel Issues Raised by Transgender Human Rights Complaints

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 Transgender Persons Jessica Yaniv, a transgender woman from British Columbia,...

Can My Employer Dismiss Me Due to My Unseen Disability?

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 under the Canadian Human Rights Act (CHRA) for federally...

After the Family Court Changes a Final Order, is the Original Order Still Enforceable?

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 changes because children’s lives change as they get older and...

What if your spouse shortchanges you in their will?

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 electing for “Equalization” if you were married. Ontario’s  Family...

Can Behaviours Associated with a Sex Addiction Merit Employee Dismissal?

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 clearly justify discipline or termination. In Ontario human rights law,...

What is a Continuing Power of Attorney for Property?

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 to your property and financial affairs. The document will allow...

Could a Gift Card Compensate for a Minor Human Rights Tribunal complaint?

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 complaint. But what compensation was considered enough? In...

How Canada’s Privacy Legislation Affects the Use of Third Party Information and Payment Processors

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 manner should be aware of the provisions of Canada's privacy...

Thinking of Getting Married? Maybe You Should Consider A Marriage Contract

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 discussing a marriage contract with your spouse can be extremely...

Avoiding Guardianship Litigation with Carefully Considered Powers of Attorney

With Canada’s aging 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. Many of these disputes could be avoided with properly drafted...

What happens when a party to a real estate transaction fails to close?

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 a party to a firm APS fails to close the...

7 Estate Planning Tips For Spouses

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 can also instruct others on exactly how you would like...

Arbitration Clauses in Employment Agreements: New Developments

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 Appeal decision, Heller v Uber Technologies, 2019 ONCA 1, Uber brought a...

Denied a Job Due to Lack of Canadian Work Eligibility? You May Have Been Discriminated Against

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 law. In a decision last year from the Ontario...

Failing to Abide by Confidentiality Provisions in a Settlement Agreement Can Cost You Your Settlement Payment

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 by a confidentiality provision in a settlement agreement....

The House I Recently Purchased Was Used to Manufacture Illegal Substances: What Now?

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 deposit back? A recent Ontario Court of Appeal decision dealing...

An Illness/Injury Has Made It Unable to Return to Work: What Can I Do?

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 to compensation. The recent Ontario Superior Court of Justice decision,...

Does every home purchase and sale in Ontario require a lawyer?

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 yes. Historically, closing a real estate transaction in Ontario would...

Buying a Condo? Make Sure You Review the Status Certificate Before Making a Firm Offer

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 use scarce land in major cities. The price point of...

My child has been suspended from school. Do I have the right to appeal this decision?

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. Additionally, an appeal process whereby the principal’s decision to expel or suspend a student...

What Is an Educational Credential Assessment Report and How Do I Obtain One?

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 purpose of an ECA report is to verify how much...

Medical Marijuana: Limits to Consumption in Unionized Workplaces

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 2740, 2018 CanLII 35597 (SK LA), an employee was dismissed...

Buying or Selling a Resale Home? What You Need to Know About the Disclosure of Defects

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 repairs than you expected. Had you known about some of...

My Uber was involved in a collision and I was injured – Can I be compensated for my injuries?

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, owning a car can be prohibitively expensive, making the ride-sharing...

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?

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) of the Divorce Act requires that judges give children of...

Bill 66: Changes to the Employment Standards and Labour Relations Acts

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 should take note that: Posting requirements are no more: Employers...

I’ve been accepted to a Canadian university and have a study permit; can I work while studying in Canada?

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 income and providing the advantage of being able to adapt...

My ex-spouse refuses to amend the schedule and allow me to take our child on vacation. What can I do?

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, or may worry that the trip could give the travelling...

Bill C-86: What it Means for Your CBCA Corporation

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 this mean for your corporation? Prior to these amendments, the...

Erase Every ‘Shall’?

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 an attempt to look at its meaning precisely, consider Canadian...

I Fell at My Local Supermarket. Can I be Compensated?

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, which has caused injury to another person (the claimant). The...

Setting Aside Orders in Family Court

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 in their absence, based on the evidence of the moving...

What happens if I default on my Mortgage?

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 a considerable amount of time – in the majority of...

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

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, judges do not decide things on the basis of the...

Changes to Impaired Driving Laws

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 and replaced it with Part VIII.1 – sections 320.11 to...

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?

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 he will be interfering with his own time with your...

What Does The Court Decision On the Repeal Of The Sexual Education Curriculum Mean?

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 and the Canadian Civil Liberties Association and others. While the...

I Owned the Home Before We Married – Why Does My Spouse Get a Share of It?

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 lot of hard work and obviously, money. Picture this: you...

What Are the Consequences of Filing a False Police Report In Canada?

By now we have all been subjected to the tragic details of television star Jussie Smollett’s alleged attack in Chicago earlier this year. When the news broke initially, it seemed as though Smollett was a survivor of what appeared to...

Is it Illegal For A Teacher To Secretly Film Their Students’ Cleavage?

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 when the filming is sexual in nature. Take for example...

Can I be Criminalized or given a Custodial Sentence for Possessing or Using ‘Legal’ Cannabis?

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 and in a previous post we spoke about the use...

What The Death of Riya Rajkumar Means For Family Law Custody Cases

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 been found, but not safe.  Riya did not return from...

Is There Such A Thing As “Spousal Abandonment” in Canada?

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 no.   In Canada, we have what can...

When Can I Stop Paying Child Support?

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 ensure that children benefit from the support of their parents...

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?

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 other families.  Therefore, how child support is calculated when one...

Identification Requirements for Real Estate Transactions

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. Each of these professionals will require that you provide documents...

I’m preparing to Close on My Residential Mortgage. What Identification Will I Need?

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 overwhelmed is common. However, getting to the stage of closing...

Spousal Support and Early Retirement - Is it a Material Change in Circumstances and/or Can Spousal Support End in the Event of Early Retirement?

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 one spouse may be required to pay support to the...

Can I Claim Compensation from a Distracted Driver and How Will The New Distracted Driving Laws in Ontario Affect Road Users?

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 new Cannabis legislation, are further stringencies concerning Ontario drivers, which...

I’m Getting a Divorce, What Are My Rights to the Family Business?

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, earnings accumulated during the marriage and as one might expect,...

The Baby Boom Shift: The Impact of An Aging Workforce, the Projected Big Business Transfers and the Millennial Changeover

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 would traditionally be their retirement years, it appears that once...

I Have Been Assaulted, Can I Claim Compensation for Personal Injury Arising From This Assault?

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 character and the damages in which one might be able...

Common Law Couples: Exclusive Possession of The Home

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, they do not enjoy the same rights and obligations as...

More Changes to the Construction Lien Act Are Coming in 2019

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 blog here), the second set of changes with respect to...

The Original Will Has Been Misplaced or Destroyed – What Options Do I Have?

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 Will. -  However, the definition of the modern-day family has...

Ontario Has a New Construction Act: What You Need to Know About the Transition Period

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 the changes be made note of by Ontario businesses in...

I Want a Divorce - What Are The Steps In Getting a Divorce in Ontario?

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, entitlements to benefits and life insurance policies, and the ability...

I have Relocated to Canada – Can My Parents and Grandparents Come With Me?

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 new environment with hopes to reunite with their family in...

Common Law Couples: What Happens to Our Jointly Owned Home After Separation?

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. For family law purposes, we look to Ontario’s Family Law...

Cannabis: Legislation passed For Legalization - But What Happens Next?

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 would most certainly never be the case, however, the general...

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, the South Asian community. Family separation and divorce within the...

Update: “Taking the High Road” – Crossing the Canada/US Border following the Legalization of Cannabis

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. Many Canadians are concerned that they will be banned for...

Employment Bill 148 is Being Scrapped…But Which Parts Are Uncertain

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 back other employment laws that have already come into force....

Is Your Will Still Valid After A Recent Ontario Ruling?

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. On September 11, 2018, Justice Sean Dunphy ruled that wills...

Ontario’s New Standard Lease Agreement Starting April 30, 2018

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 a one bedroom ($1,250/month). That’s an increase of roughly 15%...

Supreme Court Refuses Leave to Appeal: Toronto Real Estate Agents Must Publish Data

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, the Toronto Real Estate Board (TREB) and the Competition Bureau...

Taking the High Road: Canadians Crossing the US Border

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 also meant breaking the law. Right? Wrong. Although cannabis is...

Settlement Judgement May Not Be The End of Legal Battles for Clarinetist

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 under world-renowned clarinet pedagogue Yehuda Gilad. Unbeknownst to Mr. Abramovitz,...

Trinity Western Decision

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, the Court released the landmark decision, finding that law societies...

Cannabis and the Workplace

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 be legal for individuals aged 19 years and older to...

The Family Rules are Changing on July 1, 2018 and Lawyers and Litigants Should Take Note

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 to the rules that govern the timelines for serving and...

Canada to Get Its First Major Update to the Divorce Act in Twenty Years

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 Pension Diversion Act and to make consequential amendments to another...

Legal Grounds For Will Challenges

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 are in order, especially if you are listed as an...

Part 1: The Construction Act - Proposed Changes to the Construction Lien Act

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 Act and generally, the enactment of Ontario’s new Construction Act....

When Does an Executor Pass their Accounts?

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, can review your estate accounting. This is because an executor...

CBSA Watchdog with No Teeth?

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 to the Canada Border Services Agency and the Royal Canadian...

Criminal Record vs. Police Records

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 you will only have a criminal record if you are...

Introduction of Cannabis Lounges: Good for Users?

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 150 stores and sell the product to people aged 19...

Changing Weekend Visitation

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 a court ordered agreement. What can I do about this?...

Landlords Want to Ban Pot in Rentals

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 explicit rules about smoking substances of any kind in a...

Concerns with Canada's Plan for Marijuana Regulation

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, may not have been the best. The federal government looked...

What Happens When Your Child's School Registration Form Contains False Custody Information?

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 information concerning a court child custody order?   John’s Answer:...

Failure to Contact Interpreter Critical in Decision to Set Aside Over 80 Conviction

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 when they should have done so. In this case the...

Can My Parents Take A Condo From Me That They Purchased Under My Name?

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 live in Ontario, Canada. Due to some conflicts with my...

UPDATE: “Crane Girl” Granted Absolute Discharge

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 news this morning. Back in April, she made her way...

Personal Growth and Use Limitations

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 of 18 to consume cannabis and permits each household to...

Tim Hortons Franchises Reduce Employee Benefits

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 shock to many, especially so to their employees. Despite this...

New laws to take effect this year

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 the form of articles and news segments discussing controversial components of...

Public Schools Cannot Just “Kick Kids Out” – They Must Have A Full Expulsion Hearing

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 not be deprived of that education, except in extreme circumstances....

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 finally disclosed that 815,000 Canadians were affected by this breach,...

Fair Insurance Act

The Ontario Liberal government, just prior to an election, claims it has again decided to address high automobile insurance premiums (but ignores the negative affect of these changes on victims of car accidents). In the 2017 Ontario Ministry of Finance...

Facts about Bill C-45, Canada’s Proposed New Cannabis Act – Still More Questions than Answers?

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 third reading in Canada’s House of Commons and has been...

National Housing Strategy

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. The aim is to reduce poverty and homelessness. Trudeau deemed...

Postal Code Project – CRA Targets Wealthy Canadians

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 neighbourhoods across Canada. The Postal Code Project will be an...

The Importance of Shareholder Agreements

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 often, the shareholders of a start-up business are reluctant to...

Cracking Down on the Issue of Parental Alienation

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 or partner. The practice of one parent turning the child(ren)...

International Comity and the Internet Era

This past June the Supreme Court of Canada released a decision involving the application of a worldwide injunction, Equustek v Google. The decision resulted from a dispute that Equustek was having with a rogue competitor that was stealing their material...

Third Party Litigation Funding: Where is it in Canada?

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 a personal injury case. Such insurance covers the expense...

An Increase In Lots May Lead To An Increase In Opposition

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 on the municipality, consents are often dealt with by the...

“Defence of Others” Raised In Fatal Hit And Run Case

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 June 7, 2017, Anthony Kiss made a decision while behind...

Proposed Change to Ontario’s Family Law Act affecting Adult Children with Disabilities

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 for child support. Typically, a parent’s obligation to pay child...

Proving Damages: Mental Injury is no different from Physical Injury

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 and awards of damages have had a dismal history in...

CRA Targeting Tax Avoiders Through Online & Mobile Payment Companies

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 received a Federal Court Order requiring them to disclose information...

Is There a Constitutionally-Protected Freedom to Not Associate?

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 is given. The standard for whether leave will be given...

Condominium Disputes

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 Act were time consuming and costly. A review of the...

The Paradise Papers: The Risks of Offshore Tax Havens

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 leak of confidential records comprising the Paradise Papers, a number...

CRA Investigating “Shadow Flipping” of Toronto Condos

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 a sales technique which involves the purchase of pre-built condos...

New Mortgage Rules

The Office of the Superintendent of Financial Institutions (OSFI), Canada’s top banking regulator, introduced new rules on mortgage lending this month, which will take effect January 1, 2018. The rules include a minimum qualifying rate, or what is called a...

Winter Driving Warning! From Personal Injury Lawyer 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, “road ragers” and careless drivers and you have a Canadian...

Increase in Self-represented Litigants Increases Issues

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 self-represented defendant. Much of the concern over this interesting strategy...

UPDATE - Tax Measures Targeting Privately Held Corporations

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 Finance and the rhetoric surrounding the July 18 Proposals were...

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 changes to NAFTA could have significant consequences to Canadian industries,...

Bill to increase Minimum Wage hotly debated in Ontario Legislature

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, which include an increase of the minimum wage to $14...

September Home Prices and The National Index

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 to be contributing to the changes in these previously hot...

Ontario Legislature moves to regulate Life Leases in bid to protect Seniors

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 than 50 years. Life leases are a form of leasing...

Sears puts forward bid to save Company from Liquidation

In an earlier blog, we wrote how Sears Canada had engaged federal bankruptcy and insolvency legislation in to buy time while its leadership formulated a plan to restructure the company. The plan has now arrived. Sears Canada executive chairman, Brandon...

NRA Calls for Federal Review of ‘Bump Stock’

The National Rifle Association (NRA) in the United States is famously against any hint of new restrictions on gun laws, however, they have backed the Trump administration for a restriction on Americans’ guns, specifically they want to regulate the “bump...

Colleges and Faculty to Continue Contract Discussion to Avoid Strike

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 by the Ontario government. Now, they are back to negotiating...

Court allows Ontario’s Horse Breeders to question former Premier Dalton McGuinty under Oath

According to the Toronto Star, the Divisional Court ruled last Tuesday that the Horse Breeders may proceed to question the former premier and his staff about terminating of the revenue-sharing partnership that once existed between the province and the horse-racing...

If My Guests Drive Drunk/Stoned, Am I Responsible?

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 leaves your house and drives while impaired, can you be...

Toronto Zoo Strike Costs Toronto $4 Million

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 gave the workers a 1.25-per-cent wage hike in each of...

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 earlier. This marks the fifth month in a row of...

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 purchased, the travelers were able to confirm their bookings on...

Drug Evidence Excluded in Strip Search Case

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 of trafficking and simple possession of marijuana under the Controlled...

Oakville Rejects Proposal to Demolish Glen Abbey Golf Course

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 course demolished. Oakville town council voted unanimously to reject the...

Ontario’s Workforce is Increasingly Temporary

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 killed in workplace accidents, giving rise to questions of the...

Drug Evidence Excluded in Strip Search Case

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 of trafficking and simple possession of marijuana under the Controlled...

Recycling Plant to Pay $1.33M in Fines, Back Wages

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 Fibers Ltd. has violated the City of Toronto’s fair wage...

Harsher Penalties Proposed for Distracted Driving

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 for careless driving causing death or bodily harm, tougher punishments...

Ontario’s First Post-Secondary Marijuana Production Certificate

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 Ministry of Advanced Education and Skills Development and will be...

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 ton of options for prospective buyers because they seem to...

Canada Not Ready for New Wave of Asylum Seekers

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 between January and March 2018. In August alone, 5,712 refugee...

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. GE’s plant workers built household appliances, diesel locomotive engines, and...

Amendments to the Residential Tenancies Act

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 RTA provisions on terminating a tenancy. The amendments provide renters...

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 38-year Sears Canada employee recently found out she would only...

Google Faces Class Action Lawsuit Over Gender Pay

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 women have responded to lawyer James Finberg’s call to determine...

15 Arrested in Another Canna Clinic Raid

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 that was raided, illegal. 15 suspects were arrested, and hail...

3-Point Turns are U-Turns, Says Police and Courts

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 turn on Sunforest Drive when he was pulled over by...

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 that the future of undocumented persons is constitutional. The program...

Ontario to Have Employees Trained for Pot Stores Next Year

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 regulation and distribution of alcohol, so in order for the...

Man Arrested for Disrupting Filming in Riverdale

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, resulting in his arrest on Monday Afternoon. HBO was filming...

CBSA Arrests 2, Recovers 273kg of Cocaine in Sailboat at Nova Scotia Harbour

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 load. This is not the first seizure that the CBSA...

Ontario Legislature Returns From Summer Break – Labour & Marijuana to be Main Focus

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 July of next year. In addition to these two major...

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 Wynne is looking to restrict the sale of recreational marijuana...

Midrise Condo Battle may go to Mediation with OMB

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 lawyer ask for mediation at the Ontario Municipal Board –...

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 on Tuesday as part of an investigation into a scheme...

Toronto Housing Market Update: August 2017

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 where sales and home prices have dropped. July’s average price...

Insurance Adjusters in U.S. look to save time by using Drones to assess Damage

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 among the 600 employees that are deployed to the Houston...

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 the first legal disposition of a dispute between parents and...

Driver Acquitted of Impaired Driving Charges after News Crew Filmed Him at RIDE Checkpoint

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 Court Justice David Rose said in his statement that Gautam...

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 demanding rent that is extremely high, could midrise development within...

How is the Money from the Sale of a House Divided in a Divorce?

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 for divorce now and selling the house. Is the money...

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 studying the bill has concluded its work, advancing the bill...

Am I on the Hook to Pay Child Support Retroactively?

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 refused to take support payments from me for years. Recently,...

Ryerson Introduces "All Gender" Housing Option

Ryerson gave this years incoming first year students the opportunity to live in “all gender” student housing, the first of its kind in Canada. The all gender housing will have accommodations for all gender identities. Unlike traditional housing, rooms and...

Police Chopper Hit with Laser Over Bowmanville, Results in Charges

We’ve all been told at some point in our lives that shooting a laser into a helicopter’s cockpit will blind the pilot, and we’ve also been told that if we do so, we can be arrested and charged. Many people...

Barrie's Real Estate Market Struggle

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 caring that they will lose their deposit. Most of this...

Gender Neutral Passports will be Available for Canadians

Gender neutral passports will soon be making their way into the hands of Canadians. Canadians who do not identify as male of female will soon be able to mark an “X” on their passports instead of “M” or “F”. Allowing...

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 as facilitating domestic job theft, while an alternative perspective recognizes...

When Discrimination is Not Prohibited: Housing

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 text message that homosexuality was against her “Christian beliefs” and...

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 process is about to change on Monday. Back in...

Former Lottery Worker Sentenced to 25 years for Rigging Winnings

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 scheme involving seven lottery tickets in five states, the court...

Damages Awarded in Anti-SLAPP Ontario Case

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 to stop misuse of the court with Strategic Lawsuits Against...

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 up with the income requirements if you are looking to...

Update: Laid-off Sears Workers land hardship fund

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 restructured. Now, according to the Financial Post, Sears’ creditors say...

Laid-off Sears Workers land Hardship Fund

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. The deal was hammered out by lawyers representing the company...

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 warrant to obtain hydro records from utility companies. The Ontario...

Canadian Government Launches the Global Skills Strategy

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 in November, 2016. The Global Skills Strategy Programme is designed...

Legal Limbo

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 Court says yes, the gap is a misapplication of an...

Dispute over Custody of the Dog(s)

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 a then recent decision from the Saskatchewan Court of Queen’s...

Ontario’s Colleges Call for Strike

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 Union (“OPSEU”), has called for a strike vote in the...

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 looks to have become the favourite non-official border crossing for...

More Condos a Possibility at Barrie's Collier Centre

By: Nicolas Di Nardo Barrie could be expanding at a faster rate than people think. Fortress Real Developments has submitted an application to Barrie City Hall's planning staff, requesting to transform an existing tower full of office and commercial units,...

Minister of Justice Suggests Lowering The Legal Alcohol Limit

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 has suggested lowering the limit to 50 milligrams of alcohol...

Toronto Man Subjected To 'Cruel and Unusual' Punishment While Detained By Brantford Police

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 are full of corrupt law enforcement officers, horrible prison conditions,...

Zoning Changes Will Give Apartment Neighbourhoods New Life

By: Nicolas Di Nardo, Junior Marketing & Administrator When designs were first made for a number of areas that are now known as “apartment neighbourhoods” around Toronto, no one was able to see the flaws that would later come along...

Police Brutality Leads to Thrown Out Charges

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 the person; the right to be free from unreasonable search...

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 place on June 22nd, targeting seven Toronto locations, six Toronto...

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 to a call around 6 p.m. about an incident near...

Canada's Immigration Detainees: Locked Up By Dodgy Risk Assessments

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 deportation. For more information on that story, please click here...

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 above 60 per cent) to buyers’ territory (ratio under 40...

Bill C-6 and a Smoother Path to Canadian Citizenship

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. Nearly sixteen months later, on June 19, 2017, the Bill...

Am I Liable For My Ex-wife's RRSP Losses?

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 applying for a divorce, you must fill out a financial...

Anticipated Vaping Bill S-5

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 vaping. There are many different vaping devices, one example being...

Challenging the Safe Streets Act

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 discriminates against people with mental health and addiction issues. Leading...

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. In Mills v Bell Mobility Inc, Canadian Human Rights Tribunal...

The Fight Against Solitary Confinement

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 indefinite one. In recent years, the issue has come to...

Reasons Why A Starter Home is No Longer an Option

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 anymore. With current prices, increased condo and apartment developments, and...

Income Earned by Wrongfully Dismissed Employees No Longer Automatically Deducted Under the Duty to Mitigate

By: Michelle Cook, Summer Law Student 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 level of compensation, to assist...

Breaking up Before the Wedding: Who gets the Ring?

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 some may argue that it is the recipient’s to keep...

Determining Summer Custody Schedules with Your Child(ren)’s Best Interests in Mind

By: Katelyn Bell, Summer Law Student School’s out for summer – almost. 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...

Do Ontario Private Elementary Schools Have to Follow the Same Laws and Standards as Public Schools?

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 offer excellent education or that have programs that are particularly...

Toronto Must Figure Out Housing Solutions or Risk Losing Top Young Talent

By: Nicolas Di Nardo 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 to purchase a home for whatever...

New Fairness for Children of Unmarried Couples

A new Constitutional challenge is currently unfolding at the Brampton court house. Robyn Coates is challenging the validity of Ontario’s Family Law Act on behalf of her 22 year old son, Joshua Coates. Joshua has DiGeorge syndrome and suffers severe...

Grandparents’ Custody and Access Claims Enhanced by Amendments to Ontario’s Children’s Law Reform Act

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 most.  These times of transition, however, can also lead to...

Air Passenger Bill: Does it Really Protect Passenger Rights?

By: Nicolas Di Nardo 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 result of the United Airlines incident,...

$700K Lawsuit filed by Mother of Disabled Student left Stranded on School Bus

By: Nicolas Di Nardo Back in January, a bus driver unintentionally abandoned a young disabled woman, Wendy Mastache, on a school bus after the driver was done her route. Wendy suffers from autism, and was left on the bus for...

Upcoming Ontario Municipal Board Overhaul

Ontario’s oldest tribunal, the Ontario Municipal Board (the “OMB”), is facing significant reform. As announced by the province this week, the legislation to be introduced later this month with considerably change the way the land use planning appeals are dealt...

A Threat to Access-To-Justice in Ontario

By: Katelyn Bell, Summer Law Student 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 legal representation and access...

Construction Trust Claims: How to Protect Yourself

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 liens provide one way to secure payment due to contractors...

Targeting the Few Bad Agents in A Growing Toronto Real Estate Market

By: Michelle Cook, Summer Law Student Toronto’s real estate market is currently facing unprecedented growth. Hefty real estate commissions and a lagging economy in other job areas have attracted many people to the career of a real estate agent. While...

How Some Gyms are Trying to Avoid Rights under Gym Contracts

By: Michelle Cook, Summer Law Student 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, many consumers looking to...

Upcoming Liberal Changes to Mandatory Minimum Sentences

By: Katelyn Bell, Summer Law Student 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 Liberal party seem to...

How to Change Existing Child Support Payments and Visitation Agreements

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 what forms do I need? Answer By John Schuman: There...

Update: 16 Measures To Cool Down Toronto’s Red-Hot Housing Market

By: Nicolas Di Nardo Yesterday, 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 help cool a hot housing market....

Ten Measures To Be Announced To Help Fix Toronto’s Housing Market

By: Nicolas Di Nardo On Tuesday, April 18th 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 released as early as Thursday. These measures...

With the U.S. Under Trump's Reign, Mexicans begin to seek asylum in Canada

By: Nicolas Di Nardo Individuals seeking asylum in Canada from Mexico has been consistently rising since Trump has taken over one of the most powerful positions in the world today. In an article by The Huffington Post, it has been...

Millennial Homebuyers and Toronto Real Estate

By: Nicolas Di Nardo   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 causing many first time home...

Elevating our Standards: Proposed Bill Responds to Ontario’s ‘Elevator Crisis’

By: Nickolas Grunow-Harsta Powerlessness can take many forms, some less obvious than others.  The ability to independently get from one place to another – whether to buy groceries, to attend medical appointments, to socialize, or even just to check the...

New Condo Development To Be A Game Changer For Vaughan

By: Nicolas Di Nardo   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 in 2016 and now 2017...

Senate amends Liberal government’s citizenship legislation to re-institute court hearings for revocation cases

By: Jeffrey Spiegel, Student-at-Law During the 2015 election, the Liberals promised that if elected, they would repeal the Conservative government’s controversial changes made to the Citizenship Act under Bill C-24. Bill C-6 which was introduced by the Liberal government on...

Toronto City Council approves New Apartment Bylaw to Further Protect Tenants

By: Jeffrey Spiegel, Student-at-Law 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 city council with a 41-1 vote, imposes a...

The Future of Canada Revenue Agency Enforcement Activities

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 CRA states its intention to act more aggressively in pursuing...

Solving Ontario Court Delays: Is Limiting Preliminary Hearings The Answer?

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 Ontario courts.  One such idea is that of Ontario Attorney...

Toronto Real Estate: Spring Update

By: Nicolas Di Nardo 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 dealing with an abundance of issues....

Internet and a Breakdown of Privacy: The New Era of Sexting and The Courts’ Response

By: Victoria Yang 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 rest of the world’s reach. That same...

Paying Attention to Detail in Planning Policy

By: Daniel Frank, Student-at-Law 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 intended for development, are being built...

Solving Toronto's Housing Woes

By: Nicolas Di Nardo 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 buyers to purchase a home within...

The Dangers of the Online Separation Agreement

In the age of the internet, the law is (at varying speeds) adapting to the online realities of the people it applies to. People can now file their taxes, issue small claims court applications and, most recently adjust some child...

The Panama Papers: Canadian Bank Begins Closing Client Accounts

By: Nicolas Di Nardo Toronto Tax Lawyer discusses a CBC/Toronto Star investigation which looks into Canada’s tax system, specifically the use of Canadian corporations and limited partnerships as part of a complex offshore money laundering and tax evasion scheme. Known...

Help! Will My Foreign Divorce Be Recognized in Canada?

One of our Toronto family lawyers 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 am planning on getting married again in...

Is My Acceptance of a Separation Agreement over E-Mail Valid, Even Without My Signature?

One of our Family Lawyers 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 a draft via email for negotiation purposes and I agreed...

Open Courts in the Digital Era: Contextualizing the Toronto Star’s Legal Challenge to Alleged Tribunal Secrecy

By: Nickolas Grunow-Harsta In recent weeks, 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 topic: the open court principle. ...

My Boyfriend Has Been Denied Access to His Son. Can He Fight for More Rights to Him?

My boyfriends ex girlfriend had his son 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 think he can care for him. There is no paperwork...

Affordable Single-Family Homes in Cities Other Than Toronto & Vancouver

By: Nicolas Di Nardo   Actively looking for a single-family home in Toronto, Ontario or Vancouver, British Columbia? Giving up on your search and deciding to rent? If you are still on the hunt for home-ownership and would be willing to...

Is Ontario Really the Litigation Capital of Canada?

By: Daniel Frank 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 is intuitive and easy to believe. However,...

Ontario Government Moves to Dismiss Challenge to Hydro One Privatization

By: Nickolas Grunow-Harsta 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 claim will fund major infrastructure investments. Energy...

Important Tax Information for Parents with Shared Custody

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 changes the way parents with shared custody must deal with...

Oh Canada, Our Home and “Snow-washed” Tax Haven??

The release of a joint CBC / Toronto Star investigation earlier this week 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 highest in the...

Yes, You Can Film the Police. No, They Cannot Seize Your Device

By: Nicolas Di Nardo A couple of days ago, 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 right to...

Renting in Ontario: What Every Pet Owner Needs to Know

By: Daniel Frank There is a lot of confusion when it comes to renting property in Ontario with pets. Many Ontarians believe it is illegal for landlords to discriminate against pet owners and that landlords cannot reject potential tenants for...

Leaning on Liens for Payment

By: Victoria Yang 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 may hire a general contractor, who will...

Making Canadian Courts Great Again

By: Victoria Yang Trump’s upcoming inauguration for our neighbor down south is looming as many of us are still coming to terms with the election results. To say that the election was a controversial and polarizing one is a gross...

Are Uber Drivers Properly Insured?

By Jeffrey Spiegel Since its inception over 6 years ago, ride-sharing service Uber has continued to make headlines as one of the most controversial technology companies of the mobile era.  This “uber-convenient” service, which uses an online app to connect...

Time of Essence Clause in Real Estate Transactions

By Victoria Yang 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 knowing the restaurant will never know who...

Off-Duty Conduct: Can you be Terminated over Tweets?

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 of service, for inappropriate use off-duty use of his Twitter...

How to Hear the Voice of the Child in Custody Access Cases

How to Hear the Voice of the Child in Custody Access Cases One of the hottest topics in Family Law and Divorce Law is how to hear what the children want. Ontario Family Law says that children must be heard...

Canada Revenue Agency (CRA) Offers Advice for Settling Tax Dispute Claims, Part 3

By Ivan Merrow, Summer Law Student This article is part three of a three-part series on the Canadian Tax Foundation (“CTF”)’s event titled “Tax Dispute Resolution: an Inside Look from the Government’s Perspective.” (Click here for part 1 or part...

Canada Revenue Agency (CRA) Offers Advice for Settling Tax Dispute Claims, Part 2

By Ivan Merrow, Summer Law Student This article is part two of a three-part series on the Canadian Tax Foundation (“CTF”)’s event titled “Tax Dispute Resolution: an Inside Look from the Government’s Perspective.” (Part one can be found here.) Devry...

Canada Revenue Agency (CRA) Offers Advice for Settling Tax Dispute Claims, Part 1

By Ivan Merrow, Summer Law Student 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 team attended the event...

How Judges Decide Different Custody Cases

How Judges Decide Different Custody Cases This episode of the Family Law Podcast was recorded live at lecture that John Schuman gave to a group of legal professionals on the topic of the different parenting options after separation and how...

The Conduct of the Trial

This is the Ontario Family Law podcast, featuring issues related to marriage, separation, divorce and even child welfare issues.  It is a companion to the book The Basics of Ontario Family Law, which is available on Amazon, or by calling...