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Discretion is not unfettered between contracting parties. There are limits. On December 18, 2020, two Supreme Court of Canada decisions imposed limits on how discretion provided for in a contract may be exercised. In C.M. Callow Inc. v. Zollinger (2020 SCC 45) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (2021 SCC...
The Covid-19 pandemic has changed the way law firms practice, and on January 1, 2021, the Rules of Civil Procedure are being amended to reflect the new reality. Below is a summary of the amendments that will most significantly affect Ontario lawyer’s day-to-day practices. Method of Hearing As video conferences have quickly become the norm,...
So, you’ve finally had your day in court. A judge has ruled in your favour and has written an order that sets out what you are entitled to. That’s great! Now you might be wondering, how do I collect? If you’re in Ontario, the Rules of Civil Procedure provide several methods for enforcing an order...
Most litigators have encountered a poorly drafted Statement of Claim that their client is obligated to respond to or risk default judgment. A poorly drafted claim may make serious allegations against the Defendant but fail to adequately detail the supposed wrongdoing. This creates a difficulty for the Defendant, as it lacks the detail it needs...
There is a difference between paper title ownership and beneficial ownership of property. Most of the time, the same person is the paper title owner (or the legal owner) and the beneficial owner of a property. However, under certain circumstances, the paper title owner and the beneficial owner can be two different people – sometimes...
As you all know, it is now legal to consume cannabis in Canada. While the federal government was responsible for legalizing cannabis consumption, the provincial governments have been left to address the orderly and safe sale of cannabis to the public. Some provincial governments have rolled out the sale of cannabis through their provincially-owned stores,...
In Canada, you do not have to pay capital gains tax on any increase in the value of your principal residence for each year you have properly designated the home as such. This is second nature to most Canadians – buy a house – live in it – sell it – claim the exemption. Starting...
We don’t usually associate paying HST with purchasing a home or condo that we intend to live in. However, when purchasing a pre-construction unit as an investment, its important to understand the HST implications before signing the Agreement of Purchase and Sale (or at least before the cooling offer period expires). When a purchaser...
Deposits are generally a necessary part of real estate transactions. Once the purchaser and the vendor agree to terms in an Agreement of Purchase and Sale, the purchaser is then usually required to deliver a deposit to the vendor’s real estate brokerage shortly thereafter. The deposit is held, in trust, by the real estate brokerage...
Lately, there’s been a lot of discussion in the media and real estate circles that “as of January 1, 2018, it’s going to become more difficult to get a mortgage.” Maybe your real estate agent or mortgage broker has approached you and said, “Buy now! These new mortgage rules are going to make it more...
Blog
Discretion is not unfettered between contracting parties. There are limits. On December 18, 2020, two Supreme Court of Canada decisions imposed limits on how discretion provided for in a contract may be exercised. In C.M. Callow Inc. v. Zollinger (2020 SCC 45) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (2021 SCC...
The Covid-19 pandemic has changed the way law firms practice, and on January 1, 2021, the Rules of Civil Procedure are being amended to reflect the new reality. Below is a summary of the amendments that will most significantly affect Ontario lawyer’s day-to-day practices. Method of Hearing As video conferences have quickly become the norm,...
So, you’ve finally had your day in court. A judge has ruled in your favour and has written an order that sets out what you are entitled to. That’s great! Now you might be wondering, how do I collect? If you’re in Ontario, the Rules of Civil Procedure provide several methods for enforcing an order...
Most litigators have encountered a poorly drafted Statement of Claim that their client is obligated to respond to or risk default judgment. A poorly drafted claim may make serious allegations against the Defendant but fail to adequately detail the supposed wrongdoing. This creates a difficulty for the Defendant, as it lacks the detail it needs...
There is a difference between paper title ownership and beneficial ownership of property. Most of the time, the same person is the paper title owner (or the legal owner) and the beneficial owner of a property. However, under certain circumstances, the paper title owner and the beneficial owner can be two different people – sometimes...
As you all know, it is now legal to consume cannabis in Canada. While the federal government was responsible for legalizing cannabis consumption, the provincial governments have been left to address the orderly and safe sale of cannabis to the public. Some provincial governments have rolled out the sale of cannabis through their provincially-owned stores,...
In Canada, you do not have to pay capital gains tax on any increase in the value of your principal residence for each year you have properly designated the home as such. This is second nature to most Canadians – buy a house – live in it – sell it – claim the exemption. Starting...
We don’t usually associate paying HST with purchasing a home or condo that we intend to live in. However, when purchasing a pre-construction unit as an investment, its important to understand the HST implications before signing the Agreement of Purchase and Sale (or at least before the cooling offer period expires). When a purchaser...
Deposits are generally a necessary part of real estate transactions. Once the purchaser and the vendor agree to terms in an Agreement of Purchase and Sale, the purchaser is then usually required to deliver a deposit to the vendor’s real estate brokerage shortly thereafter. The deposit is held, in trust, by the real estate brokerage...
Lately, there’s been a lot of discussion in the media and real estate circles that “as of January 1, 2018, it’s going to become more difficult to get a mortgage.” Maybe your real estate agent or mortgage broker has approached you and said, “Buy now! These new mortgage rules are going to make it more...