Power of Attorney vs. Guardianship in Ontario: What’s the Difference?
July 10, 2025 By Mark Mikulasik Having posted a recent article on Powers of Attorney, the question in the title arises. When it comes to making decisions on behalf of someone who can no longer make them for themselves, two legal tools often come into play in Ontario: Power of Attorney and Guardianship. While both […]
How to Challenge a Neighbour’s Encroachment on Your Property
July 8, 2025 By Nick Melchiorre Property disputes between neighbours can be stressful, especially when it comes to encroachment — the unauthorized use of your land. Whether it’s a fence, a shed, or part of a driveway, it’s important to understand your rights and the steps to resolve the situation legally and effectively. Here’s what […]
Termination Clause Upheld
July 3, 2025 By Brian Babcock We have written several articles on the trend in Ontario courts to find termination clauses in employment contracts as void because they do not conform to the minimum standards in the Employment Standards Act. This does not mean all termination clauses are void. A well-crafted clause may be upheld. […]
Court Ordered Validity of Wills in Ontario
July 1, 2025 By Mark Mikulasik We have written about rectification, the equitable remedy that may solve certain problems caused by errors in wills. There is a similar recently added provision in the Succession Law Reform Act which allows a court to find that a will is valid even where there are technical issues which […]
Remote Hearings in Ontario: Here to Stay?
June 26, 2025 By Brian Babcock In the wake of the COVID-19 pandemic, Ontario’s court system underwent a rapid transformation—one that many had long advocated for, but few believed would happen so suddenly. The shift to remote hearings, once seen as a temporary measure, now appears to be a permanent fixture in the province’s justice […]
What is a Mortgage? Understanding the Basics of Home Financing in Ontario
June 24, 2025 By Nick Melchiorre Buying a home is one of the most significant financial decisions most people will ever make. Chances are, if you are buying a home, you will require a mortgage. If you are a first-time buyer, you may not be familiar with everything that comes with a mortgage. Even if […]
Arbitrators Cannot “Make Law”
June 19, 2025 By Brian Babcock Legislatures make law by passing statutes. Judges are said to “make law” by deciding cases in new and creative ways that hopefully reflect changing times. THE ISSUE But what about arbitrators? Can they “make law”? THE CASE An Ontario Superior Court judge says that the answer is “no” in […]
The Hidden Risks of Waiving Conditions in Ontario Real Estate Deals
June 17, 2025 By Nick Melchiorre In Ontario’s competitive real estate market, it’s become increasingly common for buyers to submit offers with no conditions in an effort to stand out. While a “clean offer” may appeal to sellers and increase the chance of acceptance, it can expose buyers—and sometimes sellers—to significant legal and financial risks. […]
When Time is of the Essence Part Two
June 12, 2025 By Mark Mikulasik We have written before to comment on “time is of the essence” clauses in real estate contracts. THE ISSUE Our recent article commented on a case where the Ontario Court of Appeal strictly applied the concept of a strict time limit. In that case, the buyers were 35 minutes […]
Options to Renew: Formality Counts
June 10, 2025 By Mark Mikulasik Does your commercial lease contain an option to renew? THE ISSUE If so, do you need to strictly comply with formal requirements of the option, or is it good enough to communicate the essence of your intention to renew? THE CASE In Garlicky Mediterranean Grill Inc. v. 2715762 Ontario […]