Estate Planning Pitfalls
May 6, 2025 By Nick Melchiorre Estate planning is an essential step in ensuring that your assets are distributed according to your wishes after you pass away. However, many Ontarians make critical mistakes that can lead to will disputes, costly legal battles, and family conflicts. Here are ten common estate planning pitfalls and how to […]
Oral Arguments and the Sale of Land
May 1, 2025 By Mark Mikulasik The Statute of Frauds is intended to prevent frauds, not to allow them. The most well-known provision of the Statute is the requirement that an agreement for the purchase and sale of land must be in writing. THE ISSUE Usually, this rule works well to prevent fraudulent claims to […]
Can You Sue for Emotional Distress in Ontario?
April 29, 2025 By Brian Babcock Emotional distress can have serious consequences, affecting mental health, relationships, and overall well-being. But can you sue for emotional distress in Ontario? The answer is yes—but with important legal nuances. Ontario law recognizes claims for emotional distress under specific circumstances, primarily through the tort of “intentional infliction of mental […]
Buying a Cottage in Ontario
April 24, 2025 By Nick Melchiorre Owning a cottage in Ontario- or we in Northwestern Ontario call them, a “camp”- is a dream for many, offering a peaceful retreat from city life. However, purchasing a seasonal property comes with unique legal and financial considerations. Prospective buyers must be aware of zoning laws, access rights, environmental […]
Workplace Surveillance in Ontario
April 22, 2025 By Brian Babcock In the digital age, workplace surveillance has become increasingly common, raising important legal and ethical questions. Ontario employers often monitor employees through video surveillance, email tracking, GPS tracking, and other technological means. However, there are legal limits on how far workplace monitoring can go. Here’s what employees and employers […]
Protecting Your Business Name in Ontario
April 15, 2025 By Mark Mikulasik Your business name is a critical asset—it represents your brand, reputation, and goodwill in the marketplace. In Ontario, protecting your business name involves more than just choosing a unique title; it requires legal steps to ensure that your name is safeguarded against misuse or infringement. Here’s what you need […]
Interpretation of Insurance Policies Can Favor the Insured
March 13, 2025 By Jonathon Clark Insurance policies are drafted by insurers. THE ISSUE Therefore, when a dispute arises over the interpretation of the policy, Ontario courts will often favour an interpretation which favours the insured. When and why is this the case? THE CASE 904950 Ontario Limited v. Dominion of Canada General Insurance Company […]
The Importance of Powers of Attorney
April 8, 2025 By Mark Mikulasik What Is a Power of Attorney? A Power of Attorney is a crucial legal tool that ensures your affairs are managed according to your wishes if you become incapacitated or are unavailable. Taking the time to create a POA now can save your loved ones significant stress and legal […]
Remote Work and the Law: Are Ontario Employers Liable for Office Injuries?
April 3, 2025 By Brian Babcock The shift to remote work has transformed the employment landscape in Ontario, bringing new legal considerations for both employers and employees. One key question that has emerged is whether Ontario employers can be held liable for workplace injuries sustained by employees working from home. The answer, as with many […]
Variation of Trusts
April 1, 2025 By Mark Mikulasik Having recently posted an article about termination of trusts, we now consider the situation where you want the trust to continue, but some of the terms are no longer appropriate, because circumstances have changed. This may be a change in tax rules, or circumstances of beneficiaries changing from those […]