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

February 10, 2023 No Comments

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.

Cancelling a Contract: Understanding the Different Options

February 6, 2023 No Comments

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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Making the Most From Your Car Accident Claim: General Damages

February 5, 2023 No Comments

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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The Power of Reliance: Making Promises Stick

February 5, 2023 No Comments

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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What to Expect When You Default on a Mortgage

February 4, 2023 No Comments

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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The Self-Contained World of Letters of Credit

February 2, 2023 No Comments

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.

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

January 28, 2023 No Comments

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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Global Mobility and Tax Residency: A Canadian Perspective

January 27, 2023 No Comments

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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Defamation Law: Know Your Defences and Protect Yourself

January 26, 2023 No Comments

In Ontario, when someone is accused of making a defamatory statement, they may have eight different defences available to them.

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

January 24, 2023 No Comments

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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The Intersection of Creditor Claims and Limitation Periods

January 23, 2023 No Comments

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.

Director Liability: Consenting to and Voting for Certain Resolutions

January 22, 2023 No Comments

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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From Boardroom to Courtroom: Corporate Criminal Liability

January 21, 2023 No Comments

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

January 20, 2023 No Comments

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.

Conundrum of Crypto: Bankruptcy Law and Digital Assets

January 19, 2023 No Comments

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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Navigating Rent Obligations in Receivership Proceedings

January 16, 2023 No Comments

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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Failing to Meet Rule 14.03 Filing Deadline in Ontario Civil Cases

January 15, 2023 No Comments

[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.

Ontario Corporations: Individuals with Significant Control

January 14, 2023 No Comments

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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Overview of the Consumer Protection Act of Ontario

January 10, 2023 No Comments

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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Foreign Investment in Canada: The Investment Canada Act

January 9, 2023 No Comments

There is a federal law in Canada called the Investment Canada Act, and it is used to govern the flow of foreign investment into the country. At the federal level, this legislation is the only one regulating foreign investment in the country.

The Shift Towards Modern Proof in Mental Injury Cases

January 8, 2023 No Comments

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.

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Intrusion Upon Seclusion: The State of Mind Requirement

January 7, 2023 No Comments

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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The GST/HST Section 167 Election in Asset Purchase Deals

January 6, 2023 No Comments

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

January 6, 2023 No Comments

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.

Using Rule 45 to Prevent the Disposal of Property

January 5, 2023 No Comments

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.

The Basics of the Hague Service Convention

January 5, 2023 No Comments

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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National Instruments: Securities Regulations for Investor Protection

January 4, 2023 No Comments

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.

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

January 4, 2023 No Comments

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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Lien on Lands for Improvements Under Mistake of Title

January 3, 2023 No Comments

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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Oppression Remedy: Redress for Unfair Corporate Treatment

January 3, 2023 No Comments

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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