Motions in Civil Litigation

What is a Motion? A motion is an oral or written application requesting a court to make a specific ruling or order in favour of the applicant. There are a variety of motions available to litigants, and they can be brought at any time during the litigation and even before the litigation. Motions are strategically…

Document Readiness for Construction Adjudication

Adjudication under the Construction Act Section 13.5(1) of the Construction Act provides for six issues that are available for adjudication: Valuation of services; Payments under a contract; Disputes related to notices of non-payment; Set-off; Holdback payment; and, Non-payment of holdback. Adjudication is intended to be a rapid process that allows for quick resolutions on discrete…

Expected (and Unexpected) Defects in Homes

To protect your own interests (and future peace of mind) during a home purchase, there are few things you should know that could save you a lot of trouble down the road. First, the law surrounding real estate in Ontario relies on the legal principle of caveat emptor, i.e., “buyer beware”. It is up to…

Money Mule Scams on the Rise During Coronavirus Pandemic

Remember the CRA phone scam? Receiving a call from an unknown number with a pre-recorded message warning that you owed the CRA a lot of money and you were facing prison time and prosecution if you didn’t pay right away? In February 2020, the RCMP arrested two Canadian individuals involved with this scam. They are…

Tarion COVID-19 Update

Normally, there are very strict timelines regarding the filing of warranty claims with Tarion. However, due to the current pandemic, the Ontario government has passed several new laws and regulations that suspend certain timelines. Construction Delays In the Agreement of Purchase and Sale for a new home, the builder must provide a Statement of Critical…

EVICTIONS DURING THE COVID 19 PANDEMIC

On March 16th, 2020, limitation periods for court applications in Ontario were suspended. This suspension is expected to end on September 11th, 2020. For many tenants and landlords dealing with evictions during this period, the pandemic put everything on pause. On August 1st, the Landlord and Tenant Board of Ontario (LTB) started processing the backlog…

Small Claims Court Expands Matters It Will Hear Virtually

On August 10th, 2020, the Ontario Small Claims Court expanded the types of matters it will be hearing virtually. These include urgent matters, as well as settlement conferences requested by all or one party. Urgent Matters Urgent Smalls Claims Court matters are still being heard by telephone or videoconference. Your matter could be considered urgent…

Extension of Suspension of Limitation Periods and Procedural Deadlines

On March 20, 2020, the Ontario government suspended limitation periods and procedural time periods effective March 16, 2020. On June 5, 2020, the Ontario government extended this suspension up to and including September 11, 2020. This Regulation applies to limitation periods and procedural deadlines that are established by Ontario statutes, regulations, rules and by-laws. The…

Limitation Period – Extended by Dispute Resolution Provisions in Construction Contracts?

Many construction contracts in Ontario provide for a tiered dispute resolution process. Often, the parties contractually agree to negotiate, mediate and then arbitrate disputes. The presumption has been that the parties have two years from the date the dispute arose to arbitrate the dispute. However, a recent case from the Ontario Court of Appeal extends…

How Does Bankruptcy Affect Your Civil Litigation Claim?

According to the Office of the Superintendent of Bankruptcy, in 2019, 44,852 hardworking individuals filed for insolvency in Ontario. 67% of those consumer insolvencies filed in Ontario were consumer proposals. Ontarians continue to carry record levels of personal debt and for many residents, a consumer proposal or a personal bankruptcy becomes the only way out of…

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