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…

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…

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…

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…

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,…

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…

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…

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…

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