Important Information During the COVID-19 Period

Courthouse Functions for Civil Matters The Ontario Superior Court of Justice (including the Small Claims Court) has suspended all operations as of March 17, 2020 and until further notice, though it continues to hear urgent matters. Please speak to a lawyer to determine if your matter is “urgent”. Urgent motions will proceed either in writing,…

Force Majeure Clauses in Construction

The topic of force majeure, or frustration of contract, has been talked about a lot since the beginning of the COVID-19 pandemic. Force Majeure A force majeure clause generally operates to discharge a contracting party when a supervening, sometimes extraordinary, event occurs that is beyond the control of either contracting party but that makes performance…

New Proposed Rules Regarding Noise Complaints in Condominiums

Over the last few decades, Ontario has experienced a significant rise in the number of condominium developments. The Condominium Act, 1998 is the legislation that governs these developments. Specifically, the Condominium Act, 1998 sets out the rights and responsibilities of the condominium community, including developers, purchasers, owners, mortgagees, residents, condominium corporations and their boards. The…

Construction Lawyers on How to Vacate a Construction Lien

In a construction action, when a contractor or subcontractor is owed money, they can register a construction lien on title to the property where the work was performed, or material was supplied. The Construction Lien Construction liens are preserved when the lien is registered on title to the property where the work and/or materials were…

Civil Litigation – Getting the Most for your Legal Dollars

Civil litigation actions are often extremely time consuming and costly. While many parties choose to represent themselves, it is becoming increasingly clear that in order to be successful, you will require the help of a lawyer, thereby increasing the costs of the process dramatically. With that said, there are ways that you can reduce your…

Real Estate Litigation and Tarion Claims

Real estate litigation involving deficient construction of new homes often revolves around Tarion warranty claims. But what if your Tarion warranty claim is denied? Can you still claim against the builder for the cost to repair the deficiencies? The answer – maybe. The Tarion Warranties Builders in Ontario are deemed to provide statutory warranty coverage…

Considering Social Host Liability During the Holiday Season

With the holiday season upon us, it is important to remind party hosts of their social host liability. A Leading Canadian Case of Social Host Liability: Childs v Desormeaux, 2006 SCC 18 Childs is the leading case regarding social host liability in Canada. In that case, the Supreme Court of Canada held that the social…

New Civil Litigation Changes

There are some new and exciting changes coming to the civil litigation world! As of January 1, 2020, the changes outlined below will take effect and making the litigation process faster, easier and more affordable. Small Claims Court As of January 1, 2020, the monetary limit for the Small Claims Court will increase from $25,000…

Accident Benefits – What you Need to Know

What Are Optional Accident Benefits? Ontario has a comprehensive scheme of mandatory automobile insurance. Accident benefits are an important part of this car insurance. This is especially true if you have experienced personal injury resulting from a car crash. Accident benefits are provided to an injured person from their own auto insurance company. This is…

The Construction Lien Legal Landscape – How Changes to the Act Affect You

Construction Liens in Small Claims Court Before the Amendments The new Ontario Construction Act came into effect on July 1, 2018. It was previously the Construction Lien Act. The new Act brought significant changes to the construction lien legal landscape. Previously, in order to perfect a lien claim, the claimant (a contractor or subcontractor) had…

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