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Canadian Immigration Status during COVID-19 pandemic

Information regarding the status of flights, border closures and visas are 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 remain in Canada. If you have temporary resident status as a visitor If you are […]

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 employees and public harbours, to name the most evident. The legislation, among other things, gives […]

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 be one of the busiest travel seasons… but not so much this year. While most […]

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 retain a lawyer who specializes in real estate and who can guide you throughout the […]

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 give biometrics outside of Canada prior to issuance of their temporary travel document and/or permit. […]

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 almost every situation, someone who is 17-years-old has the right to go to therapy without […]

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 to apply for a post-graduate work permit for up to three years. The exact length […]

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 is then held. 50% or more votes in favour will cause the union to be […]

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 emergency by the World Health Organization.  Wuhan, China is ground zero for COVID-19.  China responded […]

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 neighbourhood. Others are critical about the supposed “easy” move, as hard-working people around the world […]

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 obliged by law to do so, the employee has the same legal obligation when resigning […]

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 relationship, ultimately causing stress, anxiety and for one party to believe the other is incapable […]

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, industrial, and scientific fields. It also covers symbols, names, images, designs, and models used in […]

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, industrial, and scientific fields. It also covers symbols, names, images, designs, and models used in […]

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 their children. The arbitrator cited the work of anti-vaccine activists to support his decision, and […]

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 irrelevant as to why the child is residing in one place as opposed to another; […]

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 220 is the provision dealing with criminal negligence causing death. They read as follows: 219 […]

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

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 in lieu of bonus throughout the common law notice period. If the bonus is non-discretionary and an integral part of the employee’s compensation package, damages for wrongful […]

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

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 significant assets. In Ontario, the Family Law Act, R.S.O. 1990, c. F.3, (the “FLA”) is the legislation that governs the property rights of separating spouses including the […]

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 Plaintiff employee was dismissed without cause by the defendant employer. At the time of termination, […]

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

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”) coverage of employees that continued working beyond the age of 65. CUPE, Local 1999 and Markham Stouffville Hospital, Re involved a Union that filed a grievance against […]

Fired because of Race? Consider a Human Rights Claim

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 Human Rights Tribunal (“the Tribunal”), in which they alleged that they had been terminated from their employment because they were not Chinese. The Tribunal found that seven […]

Denial of Employee Benefits to Working Seniors: A Charter Violation

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 Code (the “Code”), when read alongside s. 44 of the Employment Standards Act, 2000 (“ESA”), permitted employers to terminate benefits for employees when they turned 65. In […]

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 now be processed within 20 calendar days for eligible legal residents of China, India, Morocco, […]

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 looked at how the “investments” Mr. Herjavec made on the shows are valued in relation […]

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 financial risk. With that being said, with good communication, meticulousness and compliance with the process, […]

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 of to-dos. This can be a costly mistake as a negligently conducted home inspection could […]

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, has launched human rights complaints against several salons in Vancouver who refused to wax her […]

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 regulated employers. In a recent arbitral decision, Canadian Pacific Railway v Teamsters Canada Rail Conference, […]

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 child support is centered around parents’ incomes, which can vary each year. Consequently, there is […]

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 Law Act (“FLA”) views marriage as an economic partnership and gives married spouses the option […]

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, all employers must accommodate employees with a disability to the point of undue hardship. This […]

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 them to make decisions for you if you become incapable of managing your financial affairs. […]

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 Duke v Sobeys, 2018 BCHRT 283,  the complainant went grocery shopping at a Sobey’s in […]

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 difficult and may spoil the mood. Marriage contracts are not for everyone – but they […]

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 Powers of Attorney. In Ontario, there are two common Powers of Attorney: 1) a Continuing […]

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 deal? This may happen, for example, if the buyers find out that they are unable […]

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 things handled after your death. Make a Will If you die without a will, the […]

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 preliminary motion to stay a class action advanced by one of its drivers. Uber sought […]

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 Human Rights Tribunal, Haseeb v Imperial Oil Limited 2018 HRTO 957, an employer (Imperial Oil) […]

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.   Background   In the spring of 2018 Dr. Mehta was terminated by Acadia University […]

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 with an “Illegal Substances Clause” in an Agreement of Purchase and Sale (“APS”) says: ‘it […]

An Illness/Injury Has Made It Unfeasible 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, Hoekstra v. Rehability Occupational Therapy Inc., 2019 ONSC 562, sets out new guidelines on frustration […]

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 involve lawyers attending at a Land Registry Office (LRO) to conduct title searches. On the […]

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 condos is often much lower than that of detached homes, which makes them a popular […]

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 for more than one day should form part of the process – particularly in publicly funded schools […]

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 a foreign educational credential is worth by Canadian education standards. ECA reports are only valid […]

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 for vaping medical marijuana while operating the employer’s vehicle. The employee had previously disclosed to […]

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 the issues, you would not have offered the price that you did, or perhaps you […]

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 concept a great convenience. Toronto’s licensing department has issued almost 70,000 private transportation company licenses […]

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 married parents the maximum possible contact with each parent that is consistent with the child’s […]

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 are no longer required to display a poster in the workplace delineating the ESA’s applicable […]

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 to workplace language and culture. Generally, foreign nationals with a study permit (i.e. international students) […]

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 parent the advantage of having a better relationship with the child. Judges, on the other […]

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 corporate legislation as set out in the Canada Business Corporations Act which states, “A corporation […]

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 injury can be physical, emotional and psychological and compensation may be recovered for economic and […]

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 party only. It may come as a great surprise to learn that these orders are […]

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 cases anywhere between 10-30 years. That said, when a borrower defaults on their loan and […]

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 “best interests of the pet”, the way judges decide parenting issues 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 320.4 The changes include three new offences referring to a blood drug concentration (BDC) over […]

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 son, and, presumably, that will not affect your time with the child(ren).  However, if he […]

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 Court dismissed the challenge, the decision does not prohibit teachers from teaching the 2015 Sexual […]

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 work your way through school, spend years in full-time employment, finally earn enough income to […]

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 be a hate crime and his colleagues within the entertainment business did not hesitate 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 someone filming you inside your condo while changing and/or focusing their camera in on your […]

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 of recreational cannabis and its legalization on October 17, 2018, by the federal government. In response, the […]

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 an “access visit” with her father for her birthday.  Her mother contacted police because she […]

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 be effectively termed “no fault” divorce. This means that a Court does not have to […]

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 when they are unable to become self-sufficient. Viewed in this light, the question of age […]

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 parent has children with several other parents is an increasingly common question. The solution is […]

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 to verify your identity. The usual requirement is two pieces of valid and unexpired identification […]

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 and what to expect is often a thought that goes overlooked. A question to ask […]

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 other, usually to assist financially for a specified amount of time or to compensate a […]

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 are expected to come into effect on January 1st, 2019. Any driver convicted of distracted […]

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, retirement accounts also. That said and unsurprisingly so, countless married couples who in addition, become […]

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 they do retire, the resulting mass retirement will initiate an abundance of handovers of wealth […]

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 to claim should they become such a victim. Perhaps slightly more complicated is understanding the […]

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 their married counterparts upon separation. In a previous post, I wrote about the difference between […]

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 somewhat evolved over the years, allowing for the recognition of diversity and the complex intricacies […]

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 the construction sector, but the implementation of similar legislation is expected to follow in other […]

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 to make end-of-life decisions for incapable spouses. Before seeking a divorce, it is important to […]

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 the near future. Consequently, family reunification is perceived to be a benefit to Canada and […]

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 Act. Perhaps surprisingly, Ontario’s family law regime does not recognize the term “common law relationship”. […]

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 perception of liberalism in Ontario may, in actual fact, not be as unrestricted as one […]

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 South Asian community is often seen as a taboo subject and notions of uncertainty as […]

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 life from the U.S. if they admit to smoking cannabis, presently, or in years past. […]

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. Yesterday, October 2, 2018, Doug Ford announced in the Ontario legislature that he was going […]

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 cannot leave the distribution of one’s assets to the discretion of one’s trustees. If it […]

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% from rental prices in 2016. With the Barrie rental market heating up, landlords and tenants […]

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 have been litigating over the issue of sales-data policies. It all began when the Competition […]

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 about to become legal in Canada, there are still many important legalities that must be […]

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 purchase and consume cannabis for non-medical purposes, to grow up to 4 plants per household, […]

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 filing court materials, the rules for costs and the rules for motions and conferences. The […]

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 Act. While most may be caught by its catchy name, Bill C-78 is something that […]

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 Executor, Administrator, or Trustee of an Estate or Trust for the deceased. However, many individuals […]

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 is required to account for his/her actions to the beneficiaries. However, there is not always […]

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 Mounted Police. The new “Canada Law Enforcement Review Commission” would have the ability to initiate […]

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 convicted of a criminal offence. However, that answer and the definition of a “criminal record” […]

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 and older. But what will the rules be for consumption of cannibas?  At present, we […]

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?   John’s answer: A carefully drafted separation agreement, Family Court Order,  or parenting plan will […]

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 rental property.  The new marijuana laws do not contain rules for renters engaging in recreational […]

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 to tobacco and alcohol for guidance in drafting the cannabis regulations.  The problem is that […]

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: This question is a good one because it touches on the intersection between schools, parents, […]

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 first language of the accused was Tamil.  He was arrested and advised of his rights […]

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 parents, they are claiming that by law they can force me to give back the […]

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 to the top of a crane which was estimated to be about 12 storeys high […]

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 grow up to 4 cannabis plants for personal use.  However, the legislation also permits each […]

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 media storm, what these franchises have done is completely legal and complies with the Ontario’s […]

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 what will be implemented as of January 1st and how it will impact Canadians as a whole. […]

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.  To deprive a child of the ability to attend school, the principal and the Board […]

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, resulting in the Canadian Privacy Commissioner opening a formal investigation into the breach. Uber has […]

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 Report “Fair Benefits Fairly Delivered: A Review of the Auto Insurance System of Ontario” the […]

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 forwarded to Canada’s Senate for approval.  Although Bill C-45 in its current form answers many […]

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 access to adequate housing as a “human right”. The federal government is hoping to make […]

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 in-depth analysis, using postal-codes in high-priced neighbourhoods, as an indicator of a taxpayer’s lifestyle.  The […]

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 spend the time or money to prepare an agreement that addresses the major areas of […]

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) against the other, especially during litigation, is nothing new and happens in almost every jurisdiction. […]

New Workplace Standards Bill Is Now Law

Bill 148, Fair Workplaces, Better Jobs Act, 2017, has passed its third and final reading with the Ontario Legislature and will very soon become law. The Bill makes significant changes to Ontario’s employment and labour laws, including changes to the Employment Standards Act, 2000 (the “ESA”), the Labour Relations Act, 1995 and the Occupational Health and Safety […]

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 that unsuccessful party has to pay towards the successful party’s legal fees. This is invaluable […]

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 Committee of Adjustment, however, that is not always the case. In the City of Toronto, […]

“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 the wheel of his vehicle, that left one person dead, and another woman praising his […]

Ontario Releases 2017 Fall Economic Outlook and Fiscal Review

On November 14, 2017, Charles Sousa, the Minister of Finance for Ontario, released the 2017 Fall Economic Outlook and Fiscal Review.  The mid-year economic and fiscal outlook is intended to highlight past government initiatives and set out measures that will be introduced as part of Budget 2018. The Ontario government has promised to balance the […]

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 support ends when the child reaches the age of majority and/or is no longer a […]

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 Canada. For most of our court history, damages for such injuries have not been easy […]

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 relating to Canadian users that hold a business account and have received or sent a […]

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 Condo Act also revealed a power imbalance during disputes as between condo boards and owners. […]

Child Support Increases as of November 22, 2017

With the changing of the seasons comes about another change. One that may put a bit more money in your pocket come holiday season. Come November 22, 2017, the Federal Child Support Tables are being updated to reflect recent changes to the Income Tax Act as they affect child support. This is the first such […]

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 of the world’s elite have been identified as having offshore accounts and connections including, Queen […]

Harvey Weinstein & Civil Procedure

An unnamed Toronto actress has sued Harvey Weinstein, Walt Disney and Miramax on allegations of sexual assault from about 20 years ago. The problem is that Weinstein’s whereabouts are unknown and the actress was unable to serve Weinstein with notice of the lawsuit. The general rule, under the Rules of Civil Procedure (the “Rules”), is […]

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 from a developer and subsequent sale to other buyers at higher prices before possession of […]

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 “stress test” for uninsured mortgages. The test is a way to ensure that the loans […]

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 recipe for disaster! As a personal injury lawyer, I can tell you that the number […]

The Department of Finance’s Fall Economic Update

On October 24, 2017, the Department of Finance released its Fall Economic Update.  Finance Minister Bill Morneau stated that the Government was “doubling down on a plan with proven results and reinvesting in the middle class”.  Much of optimism surrounding the Fall Economic Update can be ascribed to the roaring economy as it has helped […]

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 regards the court process for examining witnesses. In Criminal Court proceedings, an accused is entitled […]

Woman Charged in Immigration Scam

A 61-year-old woman, Sakia Mojadiddi, was charged with fraud for an alleged immigration scam targeting victims from the Middle East who wanted to bring their loved ones to Canada. She set up an organization called Afghan Refugee Relief where she had the victims send their money and did not process their paperwork with the Canada Border […]

Update – Finance Abandons Proposed Anti Surplus Stripping Measures

Further to our earlier article regarding the Federal Government’s proposals to amend the Income Tax Act, on October 19, 2017, the Department of Finance announced that it would not be proceeding with the last of its proposed changes, namely measures dealing with the conversion of income into capital gains (“anti surplus-stripping proposals”). “Surplus stripping” refers […]

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 that the proposed tax measures were designed to “improve the fairness of Canada’s tax system […]

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 per hour by January 1st, 2018 and again to $15 per hour by January 1st, […]

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 markets, including a number of measures introduced by the Ontario government earlier in the year […]

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 arrangement that has become increasingly popular in Ontario thanks to a rapidly growing seniors population. […]

Ontario Legislature seeks to Amend Insurance Act

Bill 162, introduced in the Ontario Legislature on October 3, 2017, will amend section 115 of the Insurance Act to allow life insurance policyholders to sell their policy so long as they meet certain requirements under the Act. Previously, only licensed insurers or their authorized agents could sell life insurance policies. The proposed rules allow […]

ESPN Suspends Host Jemele Hill after Social Media Policy Violation

After her second violation of the ESPN Network’s social media guidelines, host Jemele Hill has been suspended. Her second violation comes via a tweet, where she advised her followers to boycott advertisers of the Dallas Cowboys owner Jerry Jones after he “threatened to bench any player who kneels during the national anthem.” The network released […]

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 after the Thanksgiving weekend. Ontario’s colleges are back at the bargaining table today, as the […]

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 held responsible if they injure themselves or others? Being a host, you should always 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 the four years of their contracts and the non-union staff will be closely watched as […]

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 declining sales, which not too long ago had high home values and crazy sales numbers. […]

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 the airline website, but the bookings were cancelled days later because of issues with 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 Drugs and Substances Act.  However, Justice Sheila Ray decided to throw out all drug evidence […]

Las Vegas Shooting: 50 Dead and Over 400 Injured

A shooting occurred at the Route 91 Harvest Country Music Festival in Las Vegas on Sunday night, killing at least 50 people and wounding 400 making it the deadliest mass shooting in modern U.S. history. The gunman, identified as 64-year-old Stephen Paddock was perched on the 32nd floor of the Mandalay Bay Hotel and Casino […]

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 plan proposed by ClubLink, which was filed on Monday to make way for homes, offices […]

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 quality of training that such employees received. A temporary worker is more likely to be […]

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 Drugs and Substances Act.  However, Justice Sheila Ray decided to throw out all drug evidence […]

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 policy after a two year investigation revealed they were paying workers below the agreed upon […]

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 available to those with a diploma or degree in agribusiness, agriculture science, environmental science/resource studies, […]

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 be popping up all over the city, but it seems that re-sale condos surrounding many […]

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 claimants arrived in Canada, which calculates to an 82 per cent jump from July. Quebec […]

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 fuel cells for nuclear reactors. The workers were exposed to more than 3,000 toxic chemicals in the […]

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 with more protections. Background Under the RTA, s. 48(1), a landlord is able to terminate […]

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 get 81 per cent of the value of her pension, with the other 19 per […]

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 how man women have been discriminated against, including three women who are listed in the […]

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 has been suspended for 6 months; those already registered can continue to have their permits […]

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 government to save some costs and know that the initiative is properly dealt with, 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 Fahrenheit 451, when they were disrupted by Nick Shcherban who set up two speakers and […]

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 has seen in Nova Scotia, and it won’t be the last. The second most significant […]

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 topics, they are also resuming in the midst of two Liberal trials, one of which […]

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 to LCBO-run stores only. Approximately 150 LCBO-run stores will be selling, and these stores will […]

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 – a move they will consider next month – which is most likely to go forward. […]

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 to inflate state contracts to pay kickbacks and bribes to politicians. The corruption probe has […]

Toronto Housing Market Update: August

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 was sitting at $746,033 while August had an average price of $732,292. Since the introduction […]

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 their regional school board that began back in 2014. Their son has a certified service […]

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 some of Toronto’s neighbourhoods be the answer to the homeownership struggle many Torontonians are facing? […]

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 from the sale of the house split 50/50 or will I receive a bit more […]

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 to the fall session of the legislature, which begins September 11. Bill 148, known as […]

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, my former spouse has gotten into some financial trouble and filed an application for me […]

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 have definitely debated whether these statements are true, and the most common question to pop up […]

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 stems from the buyers deciding to purchase a home in the heat of the market, […]

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 this change addresses the current state of society and the changes in gender identity and […]

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 that such visas are necessary to fill glaring gaps in the domestic labour pool. The […]

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 documents read. He rigged computer codes that would produce winning numbers which netted him and […]

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 afford a home in Toronto. The results don’t seem to benefit Canada’s millennials. A majority […]

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 Court of Appeal made this ruling in a case that involved police investigating a grow-op […]

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 to assist employers to attract foreign workers with top-talent and innovative skills in an effort […]

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 appropriate, acceptable law. Alvin Brown spent five years in immigration detention before his deportation order […]

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 Bench, which held that dogs are to be considered as “property” and should not be […]

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 fall—wanting to address other issues beyond compensation. Employers and workers represented by a union negotiate […]

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 tons of people looking for refuge. On Sunday alone, approximately 400 people crossed over the […]

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, and turn them into residential condominiums. This proposal looks to modify Fortress’s Collier Centre. This […]

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 per 100 millilitres of blood from the current 80 milligrams. Last May, Wilson-Raybould sent a […]

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, or do not follow the basic rights that are to be given to prisoners. However, […]

Sebright Man Found Guilty in 2014 Crash Killing 18-Year-Old

By: Nicolas Di Nardo, Junior Marketing & Administrator A Barrie judge found Andrew Fallows, resident of Sebright, Ont. guilty earlier this week for his involvement in a crash that caused the death of Shania Slater, 18. The accident happened in 2014 in Oro-Medonte on Highway 11, 3 a.m. in the morning. A jury found him […]

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 with it. Planning for the future, these high-rise suburban communities have missed the mark on […]

Canadian Soldier Charged with Seven Counts of Voyeurism

By: Nicolas Di Nardo, Junior Marketing & Administrator A Toronto-based soldier, Master Warrant Officer Mardie Reyes of the 7th Toronto Regiment, Royal Canadian Artillery was charged last week with seven counts of voyeurism, after allegedly recording video of Canadian armed forces members between May 2012 and June 2016. Under the Criminal Code, the punishment is […]

Toronto Man Sentenced to Life in Prison, Eligible for Parole after 25 Years

By: Nicolas Di Nardo, Junior Marketing & Administrator A man that was on the verge of marriage, Brett Ryan, 36, pleaded guilty last week to killing his mother, and two of his brothers in August 2016. However, Brett’s motivation for the events that occurred in August 2016 stem from his troubled past. In 2009, Ryan […]

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 residences and six Vancouver locations. Police took the following actions: 80 employees arrested, charged, and […]

Update: 700 Employees at Pearson International Airport Go On Strike

By: Nicolas Di Nardo As noted in our blog published earlier this week, 700 employees have gone on strike at Toronto’s Pearson International Airport. The 700 employees represented by the Teamsters union went on strike on Thursday night, after rejecting an offer from their employer, Swissport. Luckily, the Greater Toronto Airports Authority has a contingency […]

Man pleads Guilty to Disruption on Air Canada Flight

By: Nicolas Di Nardo A drywaller from Amhurstview, Ontario is potentially facing up to two decades behind bars. Brandon Courneyea, the defendant, admitted to interfering with a flight attendant last month. His actions opened him up to a maximum penalty of 20 years in prison and a $250,000 USD fine. Before Courneyea boarded the Air Canada […]

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 Camilla Road Senior Public School. A group of teenagers in a black SUV had approached […]

Possible Strike at Pearson Airport Beginning Thursday

By: Nicolas Di Nardo Already checked in for your flight tomorrow? Flying out of Pearson by the end of the week? You better make sure you continuously check your flight time, because your flight could face some delays. Why, you may ask? Pearson’s ground crew for 30 airlines may be going on strike tomorrow, with […]

Mitchell Irwin Sentenced to 4 years Behind Bars, 6 year Driving Ban

By: Nicolas Di Nardo Yesterday’s blog outlined the incident that occurred on June 13, 2015, when Mitchell Irwin sped through an intersection, hit a cyclist and left the scene. The cyclist later passed away due to major head trauma. Mentioned in the previous blog were the statement of facts, along with the charges laid in […]

Christopher Husbands: Eaton Centre Shooter Granted New Trial

By: Katelyn Bell, Summer Law Student In a previous blog post, we discussed the possibility of a new trial being granted to Christopher Husbands. Husbands was the perpetrator in the 2012 Eaton Centre shootings, which killed two people. Husbands was found guilty of two counts of second-degree murder in 2015. Recently, Husbands argued that his […]

Driver Charged in Attack of 74 year-old Cyclist in Peterborough

By: Nicolas Di Nardo A video that surfaced (WARNING: Graphic Content) on the internet of an incident that occurred last Tuesday around 11 a.m., has led to a man being charged for aggravated assault and assault with a weapon. The man in question, David Fox, 65, is shown in the graphic video beating a man […]

Driver of Vehicle that Killed Cyclist in 2015 to be Sentenced

By: Nicolas Di Nardo Back in June 2015, Mitchell Irwin, now 21, struck a cyclist, Adam Excell, 26, while he was biking at night. Now two years later, Irwin owned up to his actions and pled guilty to dangerous driving causing death on Friday. At the time of the accident that took place in the area […]

Monkey Sues Human Over ‘Selfies’ Taken In 2011

By: Nicolas Di Nardo It’s 2017 and apparently, every year that goes by brings something new that we never thought we’d ever see possible. Now, animals seem to be able to sue humans over anything they please. Back in 2011, a British photographer by the name of David Slater gave a crested black macaque his […]

O.J. Simpson Granted Parole after 8 Years Behind Bars

By: Nicolas Di Nardo Last month we published a post about O.J. Simpson being granted a parole hearing for his 2008 arrest. He was charged with: Armed Robbery Kidnapping Other Charges (not listed) These charges were laid after a confrontation with a sport memorabilia dealer who reportedly had personal mementos of O.J.’s which consisted mainly […]

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 to read our blog. Now, a Star investigation further into this matter reveals that detainees […]

Security Tightens as U.S.-bound Flights Require Enhanced Screening

By: Nicolas Di Nardo Enhanced security measures on any U.S.-bound flight begins today at Pearson Airport. Airlines such as Air Canada and WestJet have already advised passengers to arrive at least 2 hours prior to their flight in order to get through the additional screening process. The U.S. Department of Homeland Security requires personal devices […]

Lululemon sues Under Armour Over a $52 Sports Bra

By: Nicolas Di Nardo Two of the biggest athletic apparel companies are about to go to war, this time, in court and over a sports bra. Lululemon Athletica (NASDAQ: LULU), a Vancouver-based athletic apparel company is suing rival, Under Armour (NYSE: UAA) for copying a sports bra design. The bra in question is Lulu’s Energy […]

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 per cent). Patterns of sellers facing difficulties offloading properties as buyers sat around hoping for […]

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 received Royal Assent. In other words, as of June 19, 2017, the Bill is now […]

Bradford Man Charged with Child Abandonment

By: Nicolas Di Nardo Canada Day, the day we celebrate an important milestone, the anniversary of the enactment of the Constitution Act, 1867 (July 1, 1867). The celebration this year was a special one, it is Canada’s 150th. However, this past Canada Day a man enjoyed the day a little too much. A 33-year-old man from […]

The City of Brampton is Looking To the Future

By: Nicolas Di Nardo The city of Brampton has hired a world-renowned urban planner to make the suburb of Toronto future-ready. Larry Beasley, urban planner, has been involved in the development of urban landscapes like Vancouver, Abu Dhabi, Dallas, and Moscow. Brampton is a rapidly growing suburb, and has one of the youngest demographics in […]

Ken Pagan granted Conditional Discharge over Beer Can Toss Incident

By: Nicolas Di Nardo Ken Pagan, known as the Toronto Beer Can Thrower was sentenced last week. If you are not caught up with the incident, please look to our previous blogs: Toronto Beer-Tosser Charged With Mischief Ken Pagan: Toronto Beer Tosser Pleads Guilty Pagan was granted conditional discharge which includes: No criminal record (if […]

Legally Bound to be Faithful During the Marriage?

By: Katelyn Bell, Summer Law Student Celebrities Justin Timberlake and wife Jessica Biel made headlines a couple years back when word spread that they had an “infidelity clause” contained within their marriage contract. The clause allegedly stipulates that if Timberlake is unfaithful to Biel, he owes her $500,000.00. This type of clause is known as […]

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 statement. Before we were married my wife had RRSP’s that were called labour sponsored funds. […]

Failure to Pay an ESA Order Resulted in Jail Time and a $20,000 Fine

By: Michelle Cook, Summer Law Student On June 6, 2017, a Mississauga employer received a jail sentence of 30 days plus an additional fine of $20,000 after failing to pay an order issued by a Ministry of Labour employment standards officer. The order required him to pay about $140,000 in outstanding wages to his 43 workers, many university […]

Rent Increase capped at 1.8% in 2018

By: Nicolas Di Nardo Under Ontario law, rent increases can not exceed 2.5 per cent. However, under the new housing reforms, the Liberal government extended their rent control to buildings since 1991 and landlords are required to apply to authorities if they are seeking to increase rent by more than 1.8 per cent next year. This will […]

Minimum Wage Embedded In New Law

By: Nicolas Di Nardo With the new minimum wage increase set to become $15 an hour in 2019, it would require the Progressive Conservatives to change labour laws in order to get rid of it. The new wage increase will take effect six months after the June 2018 election. The Liberals have embedded it in the […]

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 the forefront, after several Canadian inmates committed suicide while in solitary. Ten years ago, Ashley […]

O.J. Simpson Granted a Parole Hearing Date Next Month

By: Nicolas Di Nardo Former football player O.J. Simpson could soon be released from prison. O.J. has been given a parole hearing scheduled for July 20th that would grant him release on October 1st, 2017. In 2008 he was found guilty of armed robbery, kidnapping, and other charges from a confrontation with sport memorabilia dealer […]

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 fewer single family homes being built, the idea of a starter home with a patch […]

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 a dismissed employee to find comparable work. Previously, lawyers made the assumption that any income […]

Upcoming LCBO Strike and Labour Reforms

By: Nicolas Di Nardo In the wake of Ontario’s new labour reforms, as mentioned in our previous blog post, Premier Kathleen Wynne has had to address some rumours surrounding the LCBO and the new labour law reforms. The Liquor Control Board of Ontario (LCBO) and other public sector employers will have to abide by the new […]

Affluent Boomers are Taking Pressure from ‘YIMBY’ Groups in the GTA

By: Nicolas Di Nardo During the recent Ontario Housing Summit the main focus was on millennials and home ownership, and the consensus of the Summit was that there is a need for more affordable housing supply. Some of the points that were made are: Boomers are restricting access to prime property Boomers would like to move […]

Hockey Union alleges the OHL broke Labour Laws

By: Nicolas Di Nardo Back in 2014, a class-action lawsuit was filed against the Canadian Hockey League (CHL) over wages. It claimed the league was breaching minimum wage laws. In summary, they are seeking $180 million in outstanding wages, vacation, holiday and overtime pay and employer contributions for thousands of players between 2012 and 2014. […]

Toronto Housing Solution: Laneway Suites

By: Nicolas Di Nardo Laneways are plentiful in Toronto, covering more than 300 kilometres in the city. To Alex Sharpe, co-founder of Lanescape, a design and planning organization, he sees that as untapped potential for the building of laneway housing. With laneway houses, the detached garages that exist in them are dependant on the principle […]

Short Term Airbnb-style Rental Proposal to be Drafted

By: Nicolas Di Nardo As stated in a previous blog post, the city of Toronto proposed a registration and licensing system for short-term rentals in order to open up long-term rentals for Torontonians. The primary objective is to limit and discourage commercial operators from offering multiple listings in order to lower rental rates, and encourage […]

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 (after all – it was a gift!), others take the position that the ring belongs […]

Hookah Ban in Toronto Lounges

By: Nicolas Di Nardo The City of Toronto bylaw that was passed in December 2015 to ban hookah pipes in city-licensed establishments has recently survived a challenge at Ontario’s top court. The bylaw’s survival will now make owners subject to tickets, summonses, or hearings before a license tribunal. Previously, resulting in the bylaw to be […]

Update: Proposed Sick Notes Ban

By: Nicolas Di Nardo The praise for the Liberal government’s proposed ban on sick notes continues. During the government’s announcement outlining the proposed changes to Ontario’s labour law, which was part of the Changing Workplaces Review, doctors’ notes was the least of everyone’s concern, but it received the most support and attention by groups and […]

Eaton Centre Shooter Christopher Husbands Seeks a New Trial

By: Katelyn Bell, Summer Law Student In 2015, the families of the two victims of the 2012 Eaton Centre shooting received some semblance of closure, when Christopher Husbands, the shooter, was sentenced to life in prison without the possibility of parole for 30 years. Now however, their wounds are being reopened. Husbands is appealing the […]

President Trump Under Investigation for Possible Obstruction of Justice

By: Nicolas Di Nardo President Donald Trump is officially being investigated over alleged obstruction of justice. Investigators are looking into ties between Trump’s presidential campaign and Russia, and potential financial crimes by Trump associates. The investigation is being led by special counsel Robert Mueller. From the beginning of the investigation into the relationship between Russia […]

Affordable Housing Should Be a High Priority for the Next Provincial Election

By: Nicolas Di Nardo Millennials are now the new home buyers. Unfortunately, what most millennials are now looking for in a home, isn’t available to them in Toronto. This could mean that the next political party that vows to focus on the affordability of homes in the next upcoming provincial election, could be victorious, as […]

June Real Estate Update

By: Nicolas Di Nardo Although we are only into the first two weeks of June, a close eye has been kept on the real estate market in Toronto. House sales are still dropping and new listings are still hitting the market. Realosophy has found that home sales (detached, semi-detached, and towns) across the region were […]

Toronto’s Proposal to Target Short-Term Rentals

Short-term rental companies including Airbnb could possible be facing a proposed licensing system that would decrease the amount of properties they are capable of listing, as Toronto proposes a brand new system focusing on housing affordability within the city. With the rapid growth of short-term rental websites, including listings that are generally not the owner’s […]

Workplace Reform Showcase: Doctor’s Notes

By: Nicolas Di Nardo Over the past couple of weeks the government has discussed and unveiled a number of workplace reforms in the Fair Workplaces, Better Jobs Act, which have been said to include: Equal pay for equal work Three weeks vacation after 5 years in a job $15 minimum wage by 2019 Reducing hurdles […]

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 season a lot less challenging, but for many families, such formalities are not in place. […]

Vet charged with Animal Cruelty

By: Nicolas Di Nardo A St. Catharines vet has been charged with 16 counts of animal cruelty including right indictable counts of causing unnecessary pain and suffering to an animal, and eight indictable counts of failing to provide suitable and adequate care for an animal. The alleged abuse occurred in 2013. A criminal investigation by […]

RCMP’s Integrated National Security Enforcement Team to Investigate Assault in Mall

By: Nicolas Di Nardo The RCMP’s Integrated National Security Enforcement Team (INSET) is assisting the Toronto Police with an investigation regarding an assault that took place last Saturday in a Canadian Tire at Cedarbrae Mall. INSET, a specialized team, is called in when they are required to track, deter and disrupt terrorist groups or individuals […]

Vancouver, Toronto, now… Montreal?

By: Nicolas Di Nardo Housing in a number of cities across Canada has been put through the wringer over the past year or so, creating a difficult time for local buyers and a great time for people looking to sell. With Vancouver’s prices rising they implemented measures to cool it down, leading real estate investors […]

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 reason, it leaves them renting within the city, or forces them to move to the […]

Update: Ontario Liberals Announce Changes to Labour Law—And a $15 Minimum Wage

By: Michelle Cook, Summer Law Student Tuesday, Premier Kathleen Wynne announced which recommendations of the Final Report of the Changing Workplace Review she would like to see implemented, including a $15 minimum wage (see our summary of the Final Report here). While rumors of a $15 minimum wage have been swirling around since the past […]

Ken Pagan: Toronto Beer Tosser pleads Guilty

By: Nicolas Di Nardo For many Torontonians, the last two years of spectating our “Boys in Blue” has been some of the best baseball we’ve seen out of Toronto in many years. Before 2015, the Jays made it to the postseason in 1993, where they won the World Series title with, what is without a […]

Halton police: Staff Sergeant charged for Drug Evidence Tampering

By: Katelyn Bell, Summer Law Student The actions of a Milton Police officer are likely to lead to the staying and withdrawal of over 30 drug-related charges laid within the Halton region. Brad Murray, a 16-year veteran of the Halton Region Police force, has been charged and arrested after he allegedly tampered with approximately 30 […]

Housing Update: GTA Home Sales Down

By: Nicolas Di Nardo Last Friday an article that was released, reported a drop in the number of home sales in some areas of Toronto. A drop of 61 per cent has been the biggest recorded for the month-to-month analysis from April 20 to May 20. the 61 per cent drop was seen Richmond Hill, […]

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 cognitive impairment. Robyn is arguing the law is discriminatory as it arbitrarily harms disabled children […]

How Trump’s Tax Returns Can Be Legally Released

By: Michelle Cook, Summer Law Student United States President Donald Trump has given every excuse not to release his tax returns—first, he was under audit, then, it was that the American people just do not care about his tax returns, next, he needed to wait until his new taxes were filed, etc. Finally, he backtracked […]

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 parents and grandparents becoming estranged from one another, such that grandparents’ access to their grandchildren […]

General Electric Workers Exposed to Toxic Chemicals for Decades

By: Nicolas Di Nardo 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. The community has been saying this for quite some time, and the 173-page report confirms this. GE’s […]

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 with. Here are some of the major, proposed changes to the system that you might […]

Is A $15 Minimum Wage, More Unionization and a Minimum 3 Week Vacation On the Horizon?

By: Michelle Cook, Summer Law Student The Ontario Liberal government has just concluded its comprehensive review of the Ontario Employment Standards Act and Ontario Labour Relations Act, the two pieces of legislation that set out minimum standards in the workplace. While only the interim report has been released to the public, the final version of […]

Italian Judges Remove Children From Mafia Families When Parents Are Under Investigation, Will Canada Follow?

By: Katelyn Bell, Summer Law Student Recent news stemming from Italy regarding child protection and custody sparks an interesting conversation for those of us in Canada. Italian courts have recently made the decision to remove children from the care of their parents when those parents are suspected to be involved with the Italian Mafia. Once […]

Creation Foods Charged by the Canadian Food Inspection Agency

By: Nicolas Di Nardo The Canadian Food Inspection Agency (CFIA) has decided to press criminal charges against Kefir Sadiklar, the Vice President of Creation Foods, for the first time ever. Creation Foods is a distributor of food products, but mainly functions as a manufacturer and distributor of frozen baked, and unbaked products to local bakeries […]

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 the majority of agents complete a transaction in the client’s best interest, it is clear […]

Project Royal: Thousands have Information Compromised in Fraud Investigation

By: Nicolas Di Nardo Do you know if your information is safe? More than 5,000 Torontonians have had their information compromised. A massive fraud investigation dubbed Project Royal has been ongoing since summer 2016. The individuals taken into custody apparently lived a “high-profile lifestyle of conspicuous consumption fuelled by the proceeds of identity theft and […]

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 have kept their promise for reform. Although some legal experts argue that the delivery of […]

Toronto Housing Update: April 2017

By: Nicolas Di Nardo As anticipated in our previous Toronto housing market update, the warmer weather has brought more listings available to home-buyers in Toronto. Unfortunately, with the jump in listings, the price of homes continued to rise, up 24.5 per cent. This brings the average to $920,791 on average for all types of housing. This, […]

Municipality v the Provincial/Federal Government: and the Court of Appeal for Ontario rules…

By: Victoria Yang The Court of Appeal’s decision in Wpd Sumac Ridge Wind Inc. v Corporation of the City of Kawartha Lakes provides yet another warning to municipalities of the dangers of trying to frustrate provincial or federal action. Wpd Sumac Ridge Wind Inc. (“Sumac”) had applied for and obtained a Renewable Energy Approval from […]

Ornge stands trial for their role in May 2013 crash that killed four personnel

By: Jeffrey Spiegel, Student-at-Law The trial against Ontario’s air ambulance service, Ornge, in connection with the fatal helicopter accident that occurred in northern Ontario on May 31, 2013 began this week at the Superior Court of Justice in Brampton. Ornge faces charges under the Canada Labour Code for failing to provide safe working conditions for […]

United Airlines reaches settlement with Dragged Passenger David Dao

By: Nicolas Di Nardo   Thursday following the release of the reports submitted by the officers who dragged David Dao off of a United Airlines flight, United Airlines reached a settlement with Dao. Unfortunately, Dao’s lawyer declined to disclose the amount of the settlement. The agreement also states that the sum will remain confidential. Dao’s […]

Update: Woman Rescued from Crane faces Six criminal mischief charges

By: Nicolas Di Nardo   Yesterday’s early morning news regarding a woman who scaled up a crane in downtown Toronto has made international headlines from the United States to New Zealand. Today, there are more developments. An article released Wednesday afternoon by The Toronto Star revealed that the woman who climbed the crane will be […]

United Airlines Update: Reports Blame Passenger for Injuries Sustained

By: Nicolas Di Nardo United Airlines has not had much luck in the most recent news cycle, as an incident where a gentleman was removed by force off of an overbooked flight sparked a PR nightmare. Since then, there have been a number of issues for the airline such as Canadians getting kicked off of […]

Woman Rescued from Crane in Downtown Toronto Early Wednesday Morning

By: Nicolas Di Nardo Early Wednesday morning at about 4 a.m. the Toronto Police received a call that someone had spotted a woman climbing up a crane in downtown Toronto, on Wellesley Street between Church and Yonge streets. An article by Metro News reports that by the time the sun had come up, she had […]

Canada to take Citizenship from Man involved in Guatemala Military Massacre

By: Jeffrey Spiegel, Student-at-Law The Canadian government is taking steps to strip the citizenship from a former Guatemalan military commander who actively participated in the 1982 massacre that left 75,000 dead and 250,000 displaced. Jorge Vinicio Sosa Orantes, who is currently serving a 10-year prison sentence in the United States for immigration fraud, was a […]

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 are three ways to change child support: 1. If you and the other parent agree […]

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. Premier Kathleen Wynne joined Charles Sousa, Finance Minister for this announcement which actually included 16 […]

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 will range from rent controls to a new tax on real estate speculators. The release […]

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 reported that Mexicans are looking to Canada for asylum. With President Donald Trump cracking down […]

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 buyers and young homeowners to have buyer’s remorse. The Huffington Post recently published an article that […]

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 mailbox – is so basic a part of most of our lives that we tend […]

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 has caused first-time homebuyers and downsizers to be stuck with two options: Purchase a small […]

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 February 25, 2016, was the answer to this promise.  The bill was passed by the […]

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 series of new regulations on landlords that will come into effect on July 1, 2017. […]

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 those who commit tax fraud and tax evasion.  Notable in its new aggressive stance, the […]

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 General Yasir Navqi.  It has been reported that the Attorney General recently wrote the Federal […]

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. For Toronto, it has been the shortage of supply, and the inability to afford what […]

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 on in contravention to the goals of the 2006 Provincial policy, Growth Plan for the […]

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 Greater Toronto Area (GTA). Without a significant amount of money on reserve to look […]

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 support orders, at the click of a button. With the advent of websites such as […]

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 as The Panama Papers, this leak exposed 11.5 million documents detailing global tax avoidance and […]

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 Ontario. In the 21st century, it is important that the law keep pace with the […]

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 for the most part, and sent along the changes I wanted. She then went to […]

Can I Kick My Abusive Husband Out of the Family Home?

One of our Family Lawyers was recently asked the following question: Is it legal to kick my abusive husband out of our house until our divorce is settled? The house is in my name and I am the only one paying the mortgage. Unfortunately, domestic violence and spousal abuse is an all-to-common occurrence and one […]

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 in place yet but he’s worried she will ruin his life if he does not […]

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 venture outside of Toronto and Vancouver, there are still very good options for you. The […]

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, the question remains; are individuals and corporations located in Ontario more likely to litigate than […]

Trump’s Wall to Cost $21.6 Billion, Homeland Security Reports

By: Nicolas Di Nardo   Early this morning, Reuters released an article discussing Homeland Security’s internal report on President Trump’s border ‘wall’. The report released by Homeland Security on Thursday indicates the proposed design along the U.S.-Mexico border includes a number of fences and walls. The plan will be executed in three phases and will […]

Home Prices Continue to Rise in 2017

By: Nicolas Di Nardo January has brought yet another spike in home prices as the Toronto Real Estate Board (TREB) reports in the Star that January saw a 22% year-over-year increase in the price for a home. The average selling price was up $140,552 from a year ago, with the average selling price in the region […]

American Government Agencies Taking to Twitter to Defy Trump

By: Jeffrey Spiegel, Student-at-Law Donald Trump campaigned on the idea that climate change does not exist—calling global warming “bullshit” and referring to it as a conspiracy created by China. Now, it has only been 10 days since he became the 45th President of the United States, and in that short time, he has already used […]

Trump’s Immigration Ban: Five-year-old U.S. Citizen Detained in Airport for More Than 4 Hours

By: Nicolas Di Nardo An article released today in The Independent reported a 5 year-old boy had been detained in Dulles International airport in Washington, D.C. because he posed a “security risk”. Following Trump’s immigration order which you can read about here, he and his mother were among more than 100 people who were detained. […]

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 child support.   It is likely that most parents with shared custody will have to […]

Man Arrested in Controversial Police Video to Undergo Psychiatric Assessment

As the Toronto Police were the main focus of a video that surfaced last week, news sources continue to pay close attention to its developments. On Friday, CityNews released an article focusing on the man who was arrested in the controversial video. If you need a refresher or have not been following this closely, you […]

BREAKING: Trump Immigration Policy Protest in Toronto

By: Nicolas Di Nardo A peaceful protest in Toronto began at 8AM Monday morning against the immigration policies implemented by President Trump. Still in full swing, they have moved from the U.S. Consulate to Toronto City Hall. With such an early start time, this protest seems to still be going strong. A recent update on a […]

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 world and that the Canadian tax system is designed to ensure that income earned in […]

Complaint Issued on Officer caught on video making false HIV/AIDS Comment

By: Nicolas Di Nardo Yesterday we released a post addressing a recent incident with Toronto Police and an innocent bystander, who decided to record the police while they were apprehending a suspect near Ryerson University earlier in the week. To find out more on that story, you can read our full blog post “Yes, You […]

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 record and photograph them. This video that can be seen here shows police surrounding a male […]

Delays in our Ontario Civil Courts

A January 23, 2017 article in the Toronto Star has confirmed something many of our personal injury clients already know – it takes a long time to get to trial in civil courts in the GTA. The article also points to legitimate concerns that this delay is only going to get worse after a recent […]

The Canadian Real Estate Market amid a Trump Takeover

By: Nicolas Di Nardo An early report Monday morning on all radio and news stations stated that two major Canadian cities have been ranked among the highest in the world for real estate. These two cities of course being Vancouver and Toronto. Vancouver placed a crazy 3rd while Toronto took 13th of the most unaffordable […]

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 their pets. This is incorrect. Landlords have the right to reject tenants if they suspect […]

Self-Represented Defendants and the Justice System

Last week, The Star released an article outlining how self-represented defendants can cause a problem for the justice system. In a majority of the cases, the self-represented individuals have been found guilty and sentenced. Through the article, their main focus is cast upon the fairness of the trial when defendants choose to self-represent, from the opposing […]

Do I Have to Pay Half of My Child’s Dental Bill on Top of Child Support – Even Though My Ex Has Benefits?

Do I Have to Pay Half of My Child’s Dental Bill on Top of Child Support – Even Though my Ex Has Benefits? Separated Parents do have to share some expenses for their children on top of base child support. Section 7 of the Child Support Guidelines sets out what expenses parents have to pay […]

Toronto Fire Station Robberies: One of Their Own

When you go to work, you never expect one of your own colleagues to treat you poorly, take advantage of you, or even go to such lengths to steal something from you. Unfortunately for two fire stations in Toronto, that is not the case. For fire fighters, their fire hall is their second home. They […]

Proving Pain at Trial

In personal injury litigation, proving the fault of the other party is only half the battle;  proving the injury and damages caused by an event can often be more difficult.  Frequently personal injury lawyers are in the position of needing to convince a judge and a 6 person jury that the injured client in front […]

Ontario Judge admits: Jury trials exist to keep damage awards low for insurance companies

A recent decision of the Ontario Superior Court is making waves in the legal circles because of the trial judge’s bold statements about the role of civil jury trials in our justice system—specifically in car accident litigation. In the Mandel v Fahkim decision, Justice Frederick Myers explicitly vented his frustration with the civil jury system.  […]

Saskatchewan judge: Dogs are property and should not be treated like children

By: Jeffrey Spiegel A recent decision from Saskatchewan’s Court of Queen’s Bench has drawn the attention of pet owners after the judge ruled that dogs are to be considered property and should not be treated as though they are children. The judge’s words came in response to a divorcing couple’s petition to the court for […]

What Every Employer Needs To Know About Twitter

It is well-known that employees have certain legal obligations to their employer with respect to the content of their social media profiles.  An arbitrator recently confirmed that employers also need to be careful about the content of their social media pages as it relates to their employees. A provincial arbitrator ruled that the Toronto Transit […]

Protect Yourself from Liability: Shovel, Salt and Purchase a Homeowner’s Insurance Policy with 3rd Party Liability Coverage

With winter season upon us, it is time to remember the importance of shoveling and salting your driveways and walkways after a snowfall. Slip and fall injuries are much more likely to happen in the winter months, creating a greater risk of liability for property owners. If someone slips and falls on your property because […]

Quebec Court upholds decision that dismissing a cashier who told customer to shop at cheaper Wal-Mart was justified

A Quebec grocery store cashier who suggested to a customer that he shop at a nearby Wal-Mart for lower prices was summarily dismissed by the store’s owner for “disloyal conduct amounting to a breach of trust”. The dismissal, which was grieved by the employee’s union, was found to be justified by an arbitrator.  The Quebec […]

Amendments to US Criminal Procedure May Threaten the Privacy of Canadians

By: Nickolas Grunow-Harsta The explosion of modern communications technology is increasingly connecting Canadians to the world abroad. Geographical boundaries and distances are no longer as significant as they once were. Today, our phones, the device most of us carry in our pockets, enables us to access our private and confidential information from anywhere in the […]

Tips for Co-Parenting With Your Ex Over the Holidays

Holidays (be they Christmas, Chanukah, Kwanza, Eid, New Years, or any other important celebration) can be difficult for separated families. It may be impossible for the kids to celebrate with both parents and their families  – or to have the most important times, such as Christmas Morning, with both parents. Dividing up these special times with the children can be […]

Denied Access To Your Child? Here’s What You Need To Know

Breaking up, as they say, is hard to do.  Where there are children in the equation, the question of a parent’s access to the child(ren) can add substantially to the hardship.  All too often, the animosity associated with separation leads one parent to frustrate the other’s access to the child(ren). In the following, we discuss […]

Toronto Beer-Tosser Charged with Mischief

By: Daniel Frank Ken Pagan, the infamous Torontonian who drew the ire of millions, including celebrities such as Stephen King, for throwing a beer can onto the field during a heated Toronto Blue Jays playoff match has been charged with one count of mischief under $5000. Ken turned himself in shortly after the incident took […]

Bill 28: All Families Are Equal Act – Simplifying Parentage or Creating New Challenges for Families?

On 29 November 2016 the Ontario Legislature passed, unanimously, Bill 28, the All Families Are Equal Act (the “Act”). The Act, which was given Royal Assent on 5 December 2016 and which comes into force on 1 January 2017, amends the Children’s Law Reform Act (“CLRA”) and 40 other Acts respecting parentage to recognize children […]

You’re fired! Oh, maybe not: A Closer Examination into Termination Clauses

Termination clauses underline benefits and other compensation as an employee’s entitlement when an employer chooses to discontinue the employee’s employment. These clauses usually provide either a fixed notice period during which these entitlements would be available to the employee, or a formula that determines the length of notice period based on the employee’s length of […]

Protect You and Your Family-Call Your Broker For Optional Automobile Insurance

On June 1, 2016, the Ontario Government reduced benefits and coverage for car accident victims and their families. These reductions will have a profound and unfortunate impact on you and your family if involved in a serious car accident. If you have not or do not contact your insurer, you are exposed to possible financial […]

Reducing Taxes & Helping The Economy – Flow Through Financing Is a Win-Win For Canada

Flow-through financing refers to the issuing of flow through shares by Canadian resources companies where tax deductions from resource explorations “flow-through” to the company’s investors. The Canadian Revenue Agency explains how the flow-through share programs works here. To develop a mine, companies often have to spend substantial sums of money before they are in any […]

The American Election: A Guide on How to Escape to Canada

On Tuesday, November 8th, Americans will go to the polls and vote for their next president.  With so much at stake, many Americans are preparing for the worst and beginning to look into the possibility of moving to Canada. Popular celebrities such as Lena Dunham and Breaking Bad’s Bryan Cranston have already declared their intentions […]

Federal Court of Appeal: Employers must appoint a “competent person” to investigate complaints of workplace violence

The Federal Court of Appeal recently decided that employers must appoint an unbiased “competent person” to investigate complaints of workplace violence when the complaints cannot be resolved directly with the employee. The exception is when it is plain and obvious that the complaint falls outside the scope of the definition of workplace violence. As an […]

Gotta catch ‘em all: the evolution of Pokemon Go Litigation

You know it’s the hottest app that has taken the world by storm when its daily active users rating (the proportion of the smartphone population that uses the app on any given day) soared past Tinder within just a week of its release. Users are spending more time on Pokemon Go than Instagram, Snapchat, Twitter, […]

Back-to-Work Postal Legislation Found in Violation of the Charter and Declared of No Force or Effect

Justice Firestone of the Ontario Superior Court recently decided that back-to-work legislation introduced in 2011 aimed at striking postal workers from the Canadian Union of Postal Workers (“the Union”) was an unjustified violation of the Union’s rights to freedom of association and expression under the Canadian Charter of Rights and Freedoms. As a result, the […]

Criminal Negligence in the Workplace Results in a 3½-year Prison Sentence

On June 26, 2015, Vadim Kazenelson was found guilty of four counts of criminal negligence causing death, and one count of criminal negligence causing bodily harm. The charges arose from an incident in which five workers employed by Metron Construction fell more than 100 feet to the ground, when the swing stage on which they were working […]

I separated from my husband with no Separation Agreement, can he submit a claim for Spousal Support?

I separated from my abusive husband, but neither of us could afford to get a lawyer to draw up a separation agreement. Everything has been separated (bank accounts, living arrangements, etc.) since we separated. At the time we had no assets, no property. No children, etc. Just a boatload of debts, including shared debts that […]

Caught My Spouse Recording/Spying On Me!

Toronto area family law attorney John P. Schuman was recently asked the following question: “I came home to notice my wife was recording/spying on me with her laptop though she wasn’t around. I was able to notice because the webcam light was on. Is this a crime?” Yes. Intercepting any form of conversation, to which […]

New Customer Service Accessibility Requirements in Effect

The Accessibility for Ontarians with Disabilities Act, 2015 (“AODA”) came into force in 2005.  It explicitly recognized the discrimination historically faced by persons with disabilities in Ontario, and sought to develop, implement and enforce accessibility standards “in order to achieve accessibility for Ontarians with disabilities … on or before January 1, 2025”.  The Accessibility Standards for Customer Service (O. Reg. […]

Ontario cracks down on sexual harassment in the workplace

Workplace harassment creates a host of issues for employers and employees alike. Aside from the harm it causes to the victims of harassment, it can have a lasting impact on the culture and morale of the workplace. In some cases, the employer must then also face a wrongful dismissal lawsuit because their response was inadequate. […]

Employers, be careful what you say during pre-employment discussions. It may cost you.

The Supreme Court of British Columbia recently decided that misleading or inaccurate statements made by an employer during pre-employment discussions can result in liability for negligent misrepresentation. In the case before the court, an erroneous statement was made by the representative of the Defendant employer during a pre-employment phone conversation.  The statement in question was […]

Closing the Wage Gap in Massachusetts

Despite the dramatic increase of women in the workforce and the existence of pay equity legislation, gender wage inequality remains a persistent problem in Canada. As part of an ongoing study on gender disparity for the Globe and Mail, Statistics Canada reported in March 2016 that a woman working full-time makes 73.5 cents for every […]