As many employers know, where an employer terminates the employment of an employee in Canada “without cause” (or as I am more frequently referring to…

When structuring a transaction, there is a delicate balance to strike between a vendor’s desire to maximize their sale proceeds and a purchaser’s need to…

Introduction It is established law that terminated employees have a duty to mitigate their damages by accepting offers of comparable employment. While employees have to…

What should you do if a big company sends you a threatening letter alleging that you are infringing their trademark based on the existence of…

On June 8, 2023, the Ontario government passed a bill to dissolve the government of the Regional Municipality of Peel (informally known as Region of…

In Ontario, it is possible to have not one, but two (or more) wills. Having more than one will is a common estate planning strategy…

Notes Keep it short and similar format. Minimalistic Distinctive Customer knowing your product; suggestive See presentation today and article Whether you are part of a…

The Personal Property Security Act, R.S.O. 1990 (“PPSA”) in Ontario should once again consider following its counter part south of the border. In the United…

In the case of Urban Mechanical Contracting Ltd. V Zurich Insurance Company Ltd., the Court of Appeal was asked to decide if a construction bond…

The highest court in Ontario has recently confirmed that where an employer substantially changes the duties of an employee (even with their consent) outside of…

The recent Ontario Divisional Court decision in Terra Scapes Landscape Construction Inc. v. Ashtaryeh, 2022 ONSC 4178 brings important attention to procedural fairness and the…

As of January 1, 2023, significant amendments to the Business Corporations Act (Ontario) (“OBCA”), have come into force, adding a new requirement for private corporations…

The Single Use Plastics Prohibition Regulations (SUPPR) is Canada’s most recent environmental regulation. This regulation is part of the Government’s ongoing effort to reach zero…

Overview Starting in 2023 an annual tax will be levied on vacant Toronto residences. A property is considered vacant if it has either been unoccupied…

Although there is no legal requirement in Canada to identify your trademarks with any symbols (e.g., “TM” for unregistered trademarks, or “®” for registered trademarks),…

November is “Make a Will Month” in Ontario. In the spirit of raising awareness for how essential it is to have a Will, I thought…

If you offer products, services or even just content on your website or social media pages, you most likely also want a return on your…

In Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, (“Render”), the Ontario Court of Appeal recognized that employees terminated for “just cause” may still…

Last week, the Ontario Ministry of Labour, Immigration, Training and Skills / Travail, Immigration, Formation et Compétences posted guidance to employers about the mandatory written policy on…

Operating a business for many can be both an exciting and rewarding experience. However, at some point in the business lifecycle, business owners turn their…

Ontario will have a election on Thursday June 2 – less than two weeks away – so now is as good a time as ever…

On April 11, 2022, Bill 88, the Working for Workers Act, 2022 received Royal Assent.  Bill 88 makes a number of changes to the Employment…

EMPLOYMENT STANDARDS Official Poster: https://files.ontario.ca/mltsd-employment-standards-poster-en-2020-09-08.pdf IN CASE OF INJURY AT WORK Official Poster: https://www.wsib.ca/en/case-injury-poster-form-82 HEALTH & SAFETY AT WORK Official Poster: https://www.labour.gov.on.ca/english/hs/pdf/poster_prevention.pdf Complete OHSA Legislation:…

After a lengthy delay, Ontario’s Not-for-Profit Corporations Act, 2010 (“ONCA”) was proclaimed into force on October 19, 2021, updating and modernizing laws for not-for-profit corporations…

Trademark description as filed in Canadian Trademark Application No. 2169305 for Holographic Blue Jay Design: The trademark consists of a hologram of a pixelated blue…

What do you do when all the land has been developed? Well…you start redeveloping. These are the wise words of Mr. John Keyser, one of…

A number of changes to Ontario’s inheritance law have recently been implemented in an effort to modernize the practice of estate law. These changes came…

A common mistake business owners make is thinking that simply incorporating or registering their business name (e.g., with ServiceOntario) gives them exclusive rights to the…

The COVID-19 pandemic has fundamentally altered the way the world operates. Many Canadians would agree that one of the most profound changes has been to…

In Canada and certain other countries (e.g., the U.S.), you can acquire rights to a trademark just by using it in association with your product…

On February 2, 2022, Jonathan N. Borrelli and Ljubica Durlovska held a webinar discussing Ontario’s new requirement for employers to create a policy on the…

The Ontario Government has confirmed it will force all Long Term Care Homes in Ontario to implement an immunization policy in their operations. Should businesses…

On January 26, 2022, Jonathan N. Borrelli joined Dr. Lawrence Loh (Peel Region Chief Medical Officer of Health) to review the most important health and…

Over the next few months, thousands of workers could be laid off, dismissed or suspended for not complying with their workplace’s mandatory vaccination policies. So…

Family Law & Bill C-78 In 2018, the Federal government introduced Bill C-78 (the “Bill”), which proposed significant changes to the law governing post-divorce parenting,…

Will Considerations & Beneficiaries Testators have the ability through the instrument of a Will to dispose of all of the assets held by their estate…

Crafting Corporate Agreements As a corporate/commercial lawyer, my practice centres on drafting documents to give effect to clients’ arrangements that they want reduced to writing,…

Vaccination Policy & Enforcement As Ontario slowly gets through the pandemic, the most common question from employers is regarding vaccinations. In short: if an employer…

CLA & Holdback Obligationsw A holdback is a requirement that all owners, contractors and subcontractors withhold 10% of the cost of the services or materials supplied on…

Small Claims Court Process NAVIGATING SMALL CLAIMS COURTIf you have a dispute with an individual or corporation where the value of the claim is for…

In 2018, the Federal government introduced Bill C-78 (the “Bill”), which proposed significant changes to the law governing post-divorce parenting, specifically to the Divorce Act[i]…

Good Faith & Contractual Discretion In the recent Supreme Court of Canada decision of Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC…

Registered Assets Designations The 2020 case of Calmusky v Calmusky https://www.canlii.org/en/on/onsc/doc/2020/2020onsc1506/2020onsc1506.html?autocompleteStr=calmusky&autocompletePos=1  has created an uproar among estates practitioners with respect to beneficiary designations on registered accounts. In this…

COVID-19 & Ontario Court Proceedings On March 15, 2020, the Chief Justice of the Ontario Superior Court of Justice announced that the Superior Court was…

It seems the Ontario Government has employment law on its mind – right on the heels of the provincial election in 4 months. A new…

On July 14, 2021, Jonathan N. Borrelli joined Dr. Lawrence Loh (Peel Region Chief Medical Officer of Health) to review the the most recent vaccine…

OSC & The Exempt Market When looking to grow a business outside of traditional bank financing, business owners often consider granting equity in a corporation…

Mark Twain’s old adage “Buy land, they’re not making it anymore” continues to remain relevant as we see property values increase in Ontario year over year…

COVID 19 WFH Tax Deductions Employers in Canada may have more questions from their employees about what tax deductions can be made on their personal…

Stay at Home Orders & Law As a result of the escalating COVID-19 pandemic, on January 12, 2021, Ontario declared a state of emergency and…

Bill 213 & Corporate Changes On December 8, 2020, Bill 213 – the Better for People, Smarter for Business Act, 2020 – received royal assent after passing…

COVID-19 & Defaulting on Loant What happens if you default on a business loan? Defaulting on a business loan is a reality for many Canadian…

Franchisor Liabilities & Franchisees An ever-growing concern among franchisors is whether they can be held liable for the wrongful conduct of their franchisees. Most recently,…

Employee Liabilities & Assets Imagine the following scenario:  You are the owner of New Corporation Ltd.  New Corporation Ltd. is expanding, and has purchased the…

Bill C-65 & Victim Support The federal government confirmed that its new anti-harassment and anti-violence legislation, Bill C-65, will be taking effect on January 1st,…

If I were to create a word cloud from my conversations with clients about their pre-construction condominium purchases, I am confident the two most common…

Spousal Inheritance Entitlements Equalization is the process of dividing assets to help address the financial disparity between two spouses after the breakdown of their marriage….

Common Estate Trust Issues Estate litigation is an emotionally charged area of law. While family disputes over inheritance are nothing new, we are seeing more…

Termination Cause & For Cause Despite the unprecedented situation facing employers in June 2020, the Ontario Court of Appeal sent a strong message to employers…

Backing Out & Real Estate Rules Residential real estate purchases are not always a straight-forward process. Sales can take weeks between offer, acceptance and the…

Emergency Wage Subsidy & CEWS The Federal Government has introduced and clarified the Canada Emergency Wage Subsidy (“CEWS”) that provides assistance to businesses so they…

SMB Support & COVID-19 In response to the COVID-19 pandemic, the Canadian federal and Ontario governments have announced numerous relief programs and legislation tailored to…

Mortgage Risks & Vendor Take Backs ​Priority is a major consideration for any lender when evaluating risks associated with financing. This becomes all the more…

CBCA & The Oppression Remedy ‘Oppression remedy’ refers to the Canada Business Corporations Act. Under section 241, a shareholder or non-shareholder has the right to proceed…

Customer Credit Safety We all want customers and we go to great lengths to keep them happy.  One of those lengths is letting customers pay…

Employee Voting & Time Off As you probably know, there is a federal election in Canada on Monday, October 21. Almost all employees who work in Ontario (regulated…

Trademarks Act in Canada It’s a new day!  However, has anything really changed for the small business owner now that Canada’s new Trademarks Act has finally come…

OBC & Order to Comply Building inspectors help enforce the Ontario Building Code by doing, amongst other things, carrying out inspections and issuing Orders to Comply. An…

Condo Act & Pest Damage You may be able to bring an application for compliance and/or an oppression remedy under the Condominium Act, 1998, S.O. 1998, c….

OCLA & Prompt Payment Q. I’m a contractor. What can I do to better ensure that I get paid quickly on the projects to which my…

Sole Proprietorship to Corporation There are three main vehicles through which to operate a business: a sole proprietorship, a partnership and a corporation. Establishing a…

Simplified Procedure Process In Ontario, if you have a dispute with an individual or corporation where the claim is for money or property valued between…

CIPO & Updates to Trademark Laws Fans are woefully aware that the Blue Jays have flown the coop for this year’s post-season, but trademark fever…

CLRA & Best Interests of Child If you have been involved in a custody or access dispute you are no stranger to the term “best interests…

Corporations & Shareholder Agreements A shareholders’ agreement contains several provisions about the operation of the corporation and the relationship between the shareholders.  These can typically…

Workplace Laws & Cannabis A common misconception amongst employers as it relates to the upcoming legalization of cannabis is that employees will be permitted to…

PIPEDA Breach Rules With rising cases of high profile cybersecurity breaches, such as Facebook-Cambridge Analytica, the Canadian Government recently outlined the long-awaited implementation of key…

OCHA & Sexual Harassment Policy The workplace harassment sections of the Occupational Health and Safety Act[1] have changed with the addition of sexual harassment. These…

NDA Goals & Obligations Let’s say that you have a great idea that you want to take to the market and you want to work…

Construction Act & 2019 Changes Construction legislation is undergoing its first overhaul since 1983. In some respects, the changes are formalizing the way that construction…

Group Benefits at 65 & The Charter In a significant decision that will impact employers across Ontario who have a group benefits plan for their…

Probate Taxes & Joint Assets More often than not, I am asked whether it makes sense for elderly parents to add an adult child as…

Selling Your Business & Value Items For some business owners, the end game is to sell their entire business to an interested buyer, make a…

Divorce Act & Custody Considerations The separation process is difficult and often times emotionally driven. These emotions are frequently amplified when issues of custody and…

Choosing the Right Estate Trustee When making your Will, one of the most important decisions you will make is who to appoint as the estate…

Bill 203 & Workplace Pay Laws Although the provincial election is less than 3 months away, the current government is continuing in its drive to…

Evidence & Social Media More than ever, social media websites like Facebook, Twitter, Instagram and LinkedIn are being used as a medium for individuals and…

Disclosing Franchisors with Clarity In late 2016, the “AllStar Decision” created great uncertainty for franchisors and franchise practitioners alike. This uncertainty surrounded the process for…

Insolvency & Investing Real Estate Anyone trying to buy real estate in Toronto, the Greater Toronto Area, or anywhere in Canada, knows that prices are…

Insolvency & Proof of Claims Canadian insolvency law provides powerful tools for companies in financial distress to restructure and solvent companies to purchase assets at…

Insolvent Owners & CCAA If you work in construction, there’s a good chance that you have your own story about those projects—the large-scale builds that went bust,…

CSA & Lien Rights Lost If you work in the construction industry, chances are you have at least some familiarity with the Construction Lien Act. If…

FLA & Net Family Properties Ontario is a no-fault divorce jurisdiction in which separating spouses are governed by the Family Law Act (“FLA”) when it comes to…

CCAA & Insolvency Exposure If you supply goods to a business that is seeking relief under Canada’s various insolvency statutes, there are a few things…

ESA & Nanny Laws for Overtime My wife and I had our first child a year ago. A bouncing baby boy named is Elliott. My…

AWA Disclosure Franchise Prospects When deciding whether to purchase a franchise there is certain material information that must be considered in order to make an informed…

Disability & Adult Child Support Ontario is about to witness a profound change in the way that disabled adult children are dealt with under the…

Landlord Rights & Waivers Commercial businesses may encumber a variety of assets to secure financing. Such collateral may include inventory, furniture or fixtures, interest in…

Single Family Use Condo & Airbnb Does your condominium allow unit owners to rent out their units for terms as short as one night?  A…

CASL Consent Requirements On July 1, 2017 Canada’s Anti-Spam Legislation (“CASL”) came into force and became one of the strictest anti-spam regimes in the world….

Interest Act Parcel Mortgagee On May 12, 2015, the Court of Appeal for Ontario released their decision in P.A.R.C.E.L. Inc. v. Aquaviva (“P.A.R.C.E.L.“) which was an appeal…

ESA LRA Changes in 2019 On May 23rd, the Ontario government released the Final Report from the Changing Workplaces Review, an independent review of the…

Title Transfers, Creditors & Family Law Aside from all of the other considerations that go hand and hand with business planning, owners, professionals and other…

Franchise Disclosure Requirements SO YOU WANT TO BUY A FRANCHISE When deciding whether to purchase a franchise there is certain material information that must be…

Death & Intestate Residue Rules Are you married with children, but do not have a Will? If you were to be crushed by a meteor…

Testamentary Freedom in Wills & Estates There is a misconception that once you’ve made a Will that you’re good to go-literally. But, estate planning is…

Penalties & Employment Cases in 2016 2016 provided new developments in the law which employers ought to be aware of.  Here is a list of…

Hiring Policies & AODA Effective January 1, 2017, employers in Ontario with fewer than 50 employees must comply with certain accessibility requirements under the Accessibility for…

Inter-creditor Agreements Business financing can be quite complex. An entity may use more than one lender to finance different aspects of its business, and indeed…

Precautions & Holiday Drunk Driving Charges The holiday season is upon us and with it comes the inevitable surge of drunk drivers. It would seem…

ESA & Labour Relations Act Changing Workplaces The Ontario Government has commissioned a review of the Employment Standards Act, 2000 and the Labour Relations Act,…

Chattel & Fixture Assets Real estate lawyers frequently encounter the question of whether something is a chattel or a fixture to a residential real property….

Digital Estate Planning Given the prevalence of technology in our everyday lives, most people, regardless of age, will develop a significant online presence in the…

Selling Business Letter of Intent *Actually the title should include “…and why your lawyer should review it before it is signed”, but that was too…

PIPEDA & Customer Privacy The federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) regulates the collection, use and disclosure of personal information by private…

FLA & Child Support Overpayment The issue of child support is complex and multifaceted but this is all the more true when discussing the question…