Overview of a construction lien in Ontario under the Construction Act
One of the main purposes of the Construction Act is to protect parties who make improvements to the land but do not have a contract with the landowner. The Act does this by requiring each party to retain 10% of the payments it makes to the party below them in the construction pyramid. As an...
View the post titled Overview of a construction lien in Ontario under the Construction ActGoing to court in Ontario: Overview of a motion in a commercial litigation dispute
What is a motion? A motion is a court procedure used to resolve an interim dispute within your legal case. A motion can be brought within a legal action or a legal application. It is used to resolve procedural or substantive issues. Motions can be small and simple or large and complex. For e…
View the post titled Going to court in Ontario: Overview of a motion in a commercial litigation disputeGoing to court in Ontario: Commencing a legal application in a commercial litigation dispute
What is a Legal Application? A legal application refers to the form of the court procedure used to resolve a legal dispute. An application differs from a legal action. An action is the standard legal process that most people are familiar with. While an action concludes with a trial before a …
View the post titled Going to court in Ontario: Commencing a legal application in a commercial litigation disputeGoing to court: Navigating commercial litigation in Ontario
When faced with a business-related dispute, understanding the steps involved before initiating a legal proceeding in the Ontario Superior Court of Justice is crucial to protect your rights and reaching a proper conclusion. Three main steps in a legal action Whether you’re dealing with …
View the post titled Going to court: Navigating commercial litigation in OntarioConsiderations if you want a claim grounded in fraud to survive a debtor’s bankruptcy
Two recent cases, Bank of Montreal v. Mathivannan, 2021 ONSC 2538 (CanLII) and Johansen v Wallgren, 2021 ABCA 234 (CanLII), highlight some procedural pitfalls to avoid when trying to have a claim survive a debtor’s discharge. When a debtor files for bankruptcy, on their discharge they will b…
View the post titled Considerations if you want a claim grounded in fraud to survive a debtor’s bankruptcyCity of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries Act
On January 31, 2019, the Corporation of the City of Kawartha Lakes resolved charges laid against it under the Fisheries Act by entering into a “diversion agreement” which will see the charges withdrawn in exchange for the city taking the following actions: paying $75,000 to the Environmental…
View the post titled City of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries ActSupreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5
Supreme Court of Canada Orders Trustee in Bankruptcy to Comply with Environmental Remediation Orders Prior to Distributing Funds to Secured Creditors in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 On January 31, 2019, the Supreme Court of Canada released its highly anticipated …
View the post titled Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5Ford Loses Motion to Dismiss Ecojustice Case for Cancelling Cap and Trade
The recent attempt of the Ford government to dismiss a court case against them brought by Greenpeace Canada, represented by Ecojustice[1], failed on January 26, 2019. Ecojustice filed a lawsuit against the Government of Ontario for failing to consult the public when it ended Ontario’s cap an…
View the post titled Ford Loses Motion to Dismiss Ecojustice Case for Cancelling Cap and TradeWhy Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly
Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out…
View the post titled Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and CostlyOntario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines.[1] A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…
View the post titled Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental ProsecutionReceive Blog Posts
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