The Information Portal

Information Portal n. phr.

A curated hub of legal analysis, practical guides, and timely updates from Grigoras Law—written for clients, professionals, and the public.

Grigoras Law’s Information Portal gathers plain-language explainers, case commentaries, and practice notes across
civil litigation, commercial litigation, business law, appeals, and select cross-border topics (including international
and Nevada matters). We focus on practical takeaways, Ontario procedure, and timely developments—so you can move
from reading to action with confidence.

THE INFORMATION PORTAL

This section of our website features a variety of legal musings, including blog posts, video blogs, comments, articles, and general posts.
Warning: No matter how much care we’ve taken to ensure the information here is complete at the time it was posted, the information may not be comprehensive or current and is provided for general information purposes only and should not be relied upon for legal advice.  You should consult a qualified lawyer on any specific legal question or matter.  Grigoras Law is not responsible and all liability is excluded for any damage or loss due to any reliance upon the information here. Use of the information on this page is at your own risk.
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Focus on young confident attorney reading juridical document in court
Blog

All for One, and One for All: Class Action Certification in Canada

In the Canadian legal landscape, class actions represent a powerful mechanism for individuals who have suffered similar harm or losses to collectively seek legal redress against a common defendant. These lawsuits serve multiple purposes, such as providing access to justice for people who might not have the means to pursue individual litigation, encouraging behavioural modification in large corporations or organizations, and promoting judicial efficiency by consolidating numerous related cases into a single legal action.

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March 19, 2023 No Comments
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Blog

Drafting an Effective Shareholders’ Agreement

An essential contract for small non-offering corporations, shareholders’ agreements define the rights, privileges, liabilities, and responsibilities of each shareholder. These agreements, also known as “unanimous shareholders’ agreements,” offer a framework to govern various aspects of a corporation’s functioning, such as delineating shareholder roles, placing limitations on certain actions, and regulating share transfers.

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March 18, 2023 No Comments
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Blog

Business Insurance for Ontario Business Owners

Running a successful business in Ontario requires dedication, hard work, and a thorough understanding of the various types of insurance available to protect your company’s assets and interests. In this overview, we will explore the ins and outs of the eight different insurance options available to Ontario-based businesses, helping you make informed decisions about the coverage your business needs to thrive.

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March 17, 2023 No Comments
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Blog

The Blurred Lines of Business: Tackling the Tort of Passing Off

The tort of passing off in Canadian law is founded upon the notion that no individual should be allowed to represent their products or services as those of another. The Supreme Court of Canada has set forth three key elements that a plaintiff must establish to succeed in a passing off action: goodwill, misrepresentation, and damage.

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March 17, 2023 No Comments
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Blog

Summary Judgment: Grasping the Genuine Issue Requirement

Summary judgment is a process in civil court proceedings that allows the court to make a decision without the need for a full trial. In Ontario, the test for granting summary judgment is when the court is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence.

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March 13, 2023 No Comments
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Blog

Misrepresentation in Securities Offerings: Statutory Civil Liability

Statutory Civil Liability is established by legislation for misrepresentations in a prospectus, Offering Memorandum, or circulars for a take-over bid or issuer bid, including directors’ and director’s or officer’s circulars. This civil liability is covered under Part 23 of the Ontario Securities Act.

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March 9, 2023 No Comments
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Blog

Examining Unfair Lending Practices

The Ontario Unconscionable Transactions Relief Act provides relief to borrowers when they have been subjected to harsh and unconscionable transactions. This legislation allows the court to grant relief where the cost of the loan is excessive or the transaction is unfair.

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March 8, 2023 No Comments
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Blog

When Can You Discontinue an Action in Ontario?

When a plaintiff wants to discontinue an action against a defendant before the close of pleadings in Ontario, they have the right to do so by serving a Notice of Discontinuance on all parties served with a statement of claim and filing the notice with proof of service in the registrar’s office.

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March 3, 2023 No Comments
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Blog

Consumer Protection Act: Unfair Practices

Under the Consumer Protection Act, 2002 (the “Act”), unfair practices include false, misleading, or deceptive representations made by a supplier in the course of selling or promoting a product or service. The Act prohibits suppliers from engaging in unfair practices and provides consumers with various remedies for violations of the Act.

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March 2, 2023 No Comments
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Blog

The Proper Law of a Contract: Two-Stage Inquiry Explained

The “proper law” of a contract generally governs most issues pertaining to its validity, interpretation, performance, and breach in the context of the Anglo-Canadian conflict of laws. The “proper law” rule is based on the principle that parties to a contract are free to choose the governing law.

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February 18, 2023 No Comments
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Bankruptcy and Insolvency

Filing a Consumer Proposal

If you’re struggling with debt and need a way out, you may be wondering what options are available to you. In Canada, one option is to file a consumer proposal. This legal process is designed to help insolvent individuals compromise their debts with their creditors and avoid the stigma of bankruptcy.

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February 18, 2023 No Comments
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Blog

PIPEDA Demystified: A Simple Overview of Data Privacy

In Canada, the Personal Information Protection and Electronic Documents Act (the “PIPEDA”) is a federal law regulating the collection, use, and disclosure of personal information by private organizations during commercial activities. The PIPEDA is key legislation that aims to safeguard the privacy of individuals by setting out clear rules for the management of personal information by private organizations.

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February 16, 2023 No Comments
business
Blog

Understanding Constructive Trusts: Remedy for Unjust Enrichment

Constructive trusts are a legal remedy used to address unjust enrichment. This remedy is imposed on property owned by a party who has gained an unfair benefit at the expense of another party. In cases where the court finds that one party has been unjustly enriched, a constructive trust may be imposed to remedy the situation.

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February 15, 2023 No Comments
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Blog

Promissory Estoppel: The Exception to Consideration in Contract Law

Promissory estoppel is a legal doctrine that may be used to prevent a party from reneging on a promise or representation they have made. It is a principle of equity that can be invoked to prevent a party from relying on their strict legal rights where it would be unfair or unjust to do so. Although originally developed by the common law, it has been modified over time by equitable principles.

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February 15, 2023 No Comments
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Blog

The Art of Amendment: Updating Your Corporation

Amending the articles of a corporation is a common type of fundamental change to the constitution of a corporation. Active businesses often experience a fundamental change during their lifespan. In Ontario, the Ontario Business Corporations Act (OBCA) allows for almost any change to the corporation’s constitution.

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February 12, 2023 No Comments
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Blog

Dirty Money in the Gambling Industry: Canadian Regulations

The gambling industry is a prime target for those seeking to launder illegal funds. This includes physical casinos, online casinos, bars with poker machines, and both physical and online sports betting services. The global gambling industry generated record-breaking revenues in 2021, reaching $261 billion (USD) in the US and €87.2 billion (EUR) in Europe, making it an attractive option for criminals seeking to launder money. Relative to population size, Canada’s gambling industry made a proportional $2.64 billion (CAD) in revenue in 2021.

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February 11, 2023 No Comments
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Blog

Making a Statement: The Role of Affidavits in the Legal System

An affidavit is a document used in legal proceedings that comprises a witness’s statement of facts or opinion. The witness attests to the document, and the affidavit is taken by an authorized individual. This individual, known as the commissioner, confirms the witness’s identity and delivers the oath or affirmation that the document’s contents are accurate. The witness, not the commissioner, is responsible for determining the statement’s truth.

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February 10, 2023 No Comments
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Blog

Cancelling a Contract: Understanding the Different Options

A contract is a legally binding agreement between two or more parties that outlines their respective rights and obligations. But what happens if one of the parties wants to get out of the contract? In some cases, a contract can be voided, which means that it is deemed to have never existed legally.

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February 6, 2023 No Comments
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Blog

Making the Most From Your Car Accident Claim: General Damages

In the event of a motor vehicle accident, individuals who are insured may also have the option to file a companion lawsuit against the responsible driver. Both the tort case and the insurance claim can have a significant impact on each other, and it is important for counsel to understand the interplay between the two.

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February 5, 2023 No Comments
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Blog

The Power of Reliance: Making Promises Stick

In the realm of law, promises play an essential role, particularly regarding the protection of reliance. This post will be about the protection of reasonable reliance on statements made by a party to a contract or a potential contract. In a contract, the preservation of one party’s reliance may be equally as significant as the protection of both parties’ reasonable expectations.

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February 5, 2023 No Comments
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Blog

What to Expect When You Default on a Mortgage

When a default occurs, the mortgagee, or lender, has the right to accelerate the mortgage payment or seek specific performance or damages. They can also sell the property to repay their debt. If the sale proceeds are less than the mortgage debt, the mortgagee can sue the borrower for the deficiency. If the sale results in a surplus, the mortgagee must pass it on to the next encumbrancer or the borrower.

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February 4, 2023 No Comments
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Blog

The Self-Contained World of Letters of Credit

Letters of credit (LC) and bank guarantees are financial tools used to secure payment obligations. However, they differ from regular guarantees in terms of the defences against payment demands. An LC is simply an agreement to pay under certain conditions, and the law governing LCs is determined by the national jurisdiction where the LC is issued.

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February 2, 2023 No Comments
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Blog

Whistleblower Protection: Overview of Ontario and the U.S.

In Ontario, a program, known as the Whistleblower Program, was made available for public comment in 2015 and includes a confidential submission process for individuals to provide information to the OSC. In contrast, whistle-blower protection laws in the United States have a long history dating back over 150 years.

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January 28, 2023 No Comments
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Blog

Global Mobility and Tax Residency: A Canadian Perspective

As the world becomes more connected, it’s becoming more common for Canadians to spend extended periods of time outside of Canada. With careful planning, it’s possible for Canadians to cease being a resident for Canadian income tax purposes, without giving up their Canadian citizenship.

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January 27, 2023 No Comments
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Blog

Rule 21: The Road to a Speedy Resolution of Legal Proceedings

Rule 21 of Ontario’s Rules of Civil Procedure is a mechanism for dealing with situations where a claim brought by a plaintiff is clearly of a kind for which no legal relief is available or where the defence submitted by the defendant is not valid. The rule allows for the determination of certain preliminary issues that may dispose of a legal proceeding without the need for a trial to avoid delays and ensure that issues are disposed of promptly and in accordance with the Rules.

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January 24, 2023 No Comments
The board of directors
Blog

Director Liability: Consenting to and Voting for Certain Resolutions

In Ontario, under the Ontario Business Corporations Act, directors of a corporation have a legal responsibility to ensure that the corporation is financially stable before making certain transactions. This includes the payment of dividends, redemption or reacquisition of shares, reduction of stated capital, or provision of financial assistance to certain non-arm’s length persons.

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January 22, 2023 No Comments
White collar crimes - you will be caught out
Blog

From Boardroom to Courtroom: Corporate Criminal Liability

As a director or officer of a public corporation in Ontario, it’s crucial to be aware of the legal implications of your actions. The Criminal Code of Canada includes a number of provisions that pertain to fraud, and these can apply to those in leadership positions within a company.

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January 21, 2023 No Comments
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Blog

60 Days Notice: Bill 118’s Impact on Personal Injury Claims

In Ontario, the Occupiers’ Liability Amendment Act, 2020, often known as Bill 118, made substantial modifications to the filing process for personal injury claims caused by snow or ice on private property. The modifications to the Occupiers’ Liability Act imposed new notification requirements on claimants.

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January 20, 2023 No Comments
Stack of cryptocurrencies
Bankruptcy and Insolvency

Conundrum of Crypto: Bankruptcy Law and Digital Assets

The question of how cryptocurrencies are classified under Canadian bankruptcy law has again been brought to the forefront with the collapse of Bahamas-based cryptocurrency exchange FTX . . . While there is broad acceptance that cryptocurrencies are likely assets, there is no widespread agreement on how to classify them – are they financial assets, intangible assets, inventory, investment property or something else?

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January 19, 2023 No Comments
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Bankruptcy and Insolvency

Navigating Rent Obligations in Receivership Proceedings

When it comes to court-appointed receiverships, there can be much confusion surrounding the issue of rent obligations. Essentially, the main tension arises from the fact that existing legal principles don’t always align with what a receiver would like to do in practice.

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January 16, 2023 No Comments
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Blog

Failing to Meet Rule 14.03 Filing Deadline in Ontario Civil Cases

[W]hat happens if you do not file the statement of claim (Form 14D) within thirty days after the notice of action is issued, and you cannot get the defendant’s written consent to file it? Failure to file the statement of claim within 30 days of the notice of action being filed does not render the action a nullity.

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January 15, 2023 No Comments
Meeting of shareholders
Blog

Ontario Corporations: Individuals with Significant Control

Effective January 1, 2023, Ontario corporations governed by the Business Corporations Act (Ontario) will be required to maintain a register of individuals with significant control. This change is the result of Bill 43, which the government of Ontario approved in 2021.

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January 14, 2023 No Comments
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Blog

Overview of the Consumer Protection Act of Ontario

The Consumer Protection Act, 2002 (“CPA”) is a piece of legislation in Ontario that was put in place to safeguard customers’ interests in their interactions with various commercial enterprises. If a consumer’s rights are infringed upon, it details the legal recourses available to them as well as the rights and responsibilities of both businesses and customers.

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January 10, 2023 No Comments
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Blog

The Shift Towards Modern Proof in Mental Injury Cases

The Supreme Court’s decision in Saadati fundamentally altered the way in which tort law responds to mental injury by attempting to align it more closely with the way it sponds to physical injuries. In this particular case, the Court upheld a trial judge’s award for Mr. Saadati’s mental injury, despite the absence of a diagnosis of a recognized psychiatric illness.

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January 8, 2023 No Comments
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Blog

Intrusion Upon Seclusion: The State of Mind Requirement

The Court of Appeal in Owsinik provided further clarity on the first element of the tort of intrusion upon seclusion: the state of mind requirement. The prohibited state of mind, whether intention or recklessness, must exist when the defendant engages in the prohibited conduct.

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January 7, 2023 No Comments
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Blog

The GST/HST Section 167 Election in Asset Purchase Deals

The GST/HST Section 167 Election is a clause that can be used in an asset purchase agreement to address the tax implications of purchasing a business. It grants the parties the ability to make a joint election for an exemption from the Goods and Services Tax/Harmonized Sales Tax (GST/HST) on the purchase of all or substantially all of a company’s assets, provided that certain conditions are satisfied.

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January 6, 2023 No Comments
Relationship Problems. Portrait Of Young Indian Couple Arguing At Home
Blog

Spousal Liability for Tax Arrears: A Guide to Section 160 of the ITA

If you owe tax debt, it is imperative that you are familiar with the rules that are outlined in Section 160 of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.). The Canada Revenue Agency has the authority under this provision to hold both the transferor and the transferee jointly and severally liable for any unpaid taxes that exist at the time of the property transfer.

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January 6, 2023 No Comments
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Blog

Using Rule 45 to Prevent the Disposal of Property

Rule 45 of the Ontario Rules of Civil Procedure deals with the preservation of personal property that is relevant to a litigated issue. The goal of this rule is to prohibit the party who is currently in possession of the property from selling or otherwise getting rid of it before the matter has been resolved.

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January 5, 2023 No Comments
Finding a way
Blog

The Basics of the Hague Service Convention

The Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965 (also known as the Hague Service Convention) is an international treaty that sets out the rules for serving judicial and extrajudicial documents abroad in civil or commercial matters.

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January 5, 2023 No Comments
Asian businesswoman specializing in stock market financial services, including roles loan officer
Blog

National Instruments: Securities Regulations for Investor Protection

The National Instruments are a comprehensive set of rules and regulations that apply to the securities industry in Canada. They are issued by the Canadian Securities Administrators, an umbrella body representing each province and territory’s securities regulators. The National Instruments are intended to strengthen investor protection and promote efficient capital markets.

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January 4, 2023 No Comments
Financial crisis
Bankruptcy and Insolvency

Protecting Your Client’s Rights as Creditor in the Bankruptcy Process

An order of discharge under the Bankruptcy and Insolvency Act releases a bankrupt individual from the majority of their debts and responsibilities. This signifies that the bankrupt is no longer legally obligated to repay their debts, and creditors can no longer pursue legal action against the bankrupt to recover the debts.

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January 4, 2023 No Comments
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Blog

Lien on Lands for Improvements Under Mistake of Title

Section 37 of the Conveyancing and Law of Property Act (the “Act”) of Ontario regulates the rights and responsibilities of parties in connection to liens on lands for improvements performed under a mistake of title.

A lien is a legal claim or right to a piece of property as security for the payment of a debt or other obligation, according to the Act. A lien on lands for improvements describes a circumstance in which a person has made improvements to a piece of property under the assumption that they are the owner or have some other legal interest in the property.

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January 3, 2023 No Comments
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Blog

Oppression Remedy: Redress for Unfair Corporate Treatment

The oppression remedy is intended to offer shareholders, directors, and officers with a method to seek redress where they have been subjected to oppressive treatment by the corporation. This may include instances in which the corporation has operated in a manner that is unfairly prejudicial to the interests of specific shareholders or has disregarded the rights of its directors or officers.

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January 3, 2023 No Comments
Asset Protection

The Nevada Asset Protection Trust

Asset protection planning is a process that involves organizing one’s affairs to prevent the loss of wealth due to legal actions, divorce, and taxes. To achieve this goal, many people have created asset protection trusts, which are legal arrangements that allow individuals to safeguard their assets, such as their home or other property, business, retirement funds, and children’s education savings. One type of asset protection trust that is available is the Nevada Asset Protection Trust.

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January 2, 2023 No Comments
Blog

The Right to Discovery: When Can You Examine a Non-Party in Ontario?

Rule 31.10 of the Ontario Rules of Civil Procedure provides for the right to examine a non-party. This rule allows a party to a legal action to request that a non-party to the action be examined for discovery purposes. Examining a non-party is done to gather information or evidence that may be relevant to the case.

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January 1, 2023 No Comments
Good service cooperation
Blog

Discovery Challenges: Undertakings and Refusals Motions

If a party fails to provide satisfactory responses or declines to address valid inquiries during the discovery or cross-examination process, a motion for undertakings and refusals might be needed. This motion requests the court’s intervention to compel the party being examined to comply with their undertakings or address questions that were inappropriately refused.

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October 18, 2021 No Comments
Take picture, Asian Businessman sitting at workplace desk and Taking Photograph Of Document In Offic
Blog

Ontario Privacy Torts: Monetary Damages in Revenge Porn Cases

[I]n a still-developing area of law in Ontario dealing with privacy torts, [revenge porn] may also trigger a monetary damages award in the context of a civil claim. In tort law, it falls within a category of privacy torts referred to as publication (or public disclosure) of private facts.

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June 5, 2021 No Comments
Young woman in office suit with paperwork
Blog

Incorporating Your Business

An incorporated company is one of the most common ways of conducting a business. The corporation is a separate person in the eyes of the law – it’s a separate legal entity. It’s “separate” because it’s a separate legal entity from the people who own the corporation (who are called shareholders). It’s a “person” because it has the capacity, rights, powers, and privileges of a natural person.

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January 1, 2021 No Comments
Blog

Contract Formation: Basic Training

The Canadian Encyclopedic Digest defines a contract as: “an agreement free from vitiating factors such as mistake or misrepresentation, and constituted by the unconditional acceptance of an outstanding offer involving a reasonably precise and complete set of terms between two or more contractually competent parties, who intend to create mutual and reciprocal rights and duties that may be the subject of judicial sanction, if they are expressed in any required form, and are free from the taint of illegality or immorality, and are not subsequently discharged by law, by agreement, by breach, or by sufficient supervening circumstances.”

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December 31, 2020 No Comments

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