01 Plain Language for clients and counsel
Written to be used.
Complex legal topics explained clearly for clients, professionals, and the public, and precise enough to actually inform the decisions that follow.
Plain-language explainers, case commentaries, and practice notes across civil litigation, commercial litigation, business law, appeals, and select cross-border topics. Read, then get in touch if your situation calls for it. The Information Portal is a working archive, not marketing copy. Each post is written by counsel at the firm and drafted to the same standard of care we apply to the files we handle.
What you'll find
Each post is written by counsel at the firm and drafted to the same standard of care we apply to the files we handle. The aim is practical: explain the doctrine, note what has changed, and point to what matters next. Long-form articles, case commentary, and short practice notes on the mechanics of procedure.
Complex legal topics explained clearly for clients, professionals, and the public, and precise enough to actually inform the decisions that follow.
Recent developments, new case law, and procedural changes, written up as they happen with the practical consequences drawn out plainly.
Actionable takeaways so readers can move from reading to decision-making, whether that is on their own, with in-house counsel, or with us.
The information provided on this site is for general informational purposes only and should not be relied upon as legal advice. Content may not be comprehensive or current at the time you read it. Consult a qualified lawyer on any specific legal question or matter. Grigoras Law is not responsible for any damage or loss arising from reliance upon this information.
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Class action lawsuits serve as an important mechanism for plaintiffs in Canada to pursue legal remedies as a collective. This type of litigation offers a more efficient way to resolve disputes that share common issues.
Lawyers have a responsibility to prepare witnesses for adversarial proceedings, and failure to do so is considered irresponsible and incompetent. However, codes of conduct and case law prohibit lawyers from “coaching” witnesses to attain these ends.
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.
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.
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.
Cheques remain a popular payment method for many businesses and individuals today, but their use also brings with it the risk of fraud. This risk was at the heart of the legal battle between Austral Imports Inc. and the Bank of Montreal in a case that dealt with the effectiveness of contemporary account verification and related obligations.
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.
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.
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.
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.
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.
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.
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.
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.
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.
In law, promises matter, 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.
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.
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.
A defamation claim does not automatically succeed. Canadian law provides defendants with a range of defences, from simple denial to truth, privilege, fair comment and responsible communication, that can defeat a claim entirely. This article explains each defence, what must be established, and what can defeat it.
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 have issues disposed of promptly and in accordance with the Rules.
In the case of Environmental Waterproofing Inc v. Huron Tract Holdings Inc., [2023] O.J. No. 157, the court was tasked with determining which creditor had priority over a garnishment of funds held by the Sheriff.
In Ontario, under the Ontario Business Corporations Act, directors of a corporation have a legal responsibility to satisfy themselves 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.
As a director or officer of a public corporation in Ontario, you need 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.
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.
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?
When it comes to court-appointed receiverships, there can be much confusion surrounding the issue of rent obligations. 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.
[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.
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.
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 responds 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.
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.
When it is time to move from reading to resolving, Grigoras Law handles civil, commercial, and appellate matters across Ontario, and select cross-border files. The right counsel changes the calculation. For plaintiffs, that means a practical assessment of viable causes of action, a realistic view of recovery prospects, and a clear read on urgent interim relief if the facts support it. For defendants, it means pleadings assessed, defences triaged, and a strategy that keeps the file from consuming your business while it runs.
A contract has been breached, a partner has acted against your interests, a director has crossed a line, or money is at risk of disappearing. You want to understand what can be recovered, what urgent relief is available before trial, and whether the case is worth running.
Start plaintiff intake → Defendant intakeYou have been served with a statement of claim, an oppression application, or a demand that threatens proceedings. You need the pleadings assessed, the defences triaged, and a strategy that keeps the file from consuming your business while it runs.
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