Articles 2020

In PQ Licensing S.A. v. LPQ Central Canada Inc., the Ontario Court of Appeal considered whether the mandatory mediation process prescribed by a franchise agreement impacted the limitation period applicable to a franchisee’s rescission claim.  The Court found that the franchisee’s claim for rescission was not barred even though the franchisee had delivered its notice of rescission nearly a decade prior.

The question of money is central to all firms – new or established. Without cash flow, you can’t make your overhead; you can’t pay your salaries; you can’t invest in marketing initiatives or take advantage of expansion opportunities. And so, when lawyers begin thinking about a new practice - along with choosing a name, a logo, finding a location, researching software tools and setting out a marketing plan - they must also think of the fees they will charge.

The CBA has been actively working towards undoing the injustice done to late Justice Gerald Le Dain. Addressing mental concerns of legal professionals is the need of the hour. In fact, the Law Society of Ontario’s Mental Health Strategy Task Force has included mental health initiatives as a strategic priority for the 2015-19 governing term.

There was only one substantive civil decision, Lauzon v Fortier, a family law decision. The Court refused to interfere with the trial judge’s exercise of discretion that the husband be paid his equity by the wife immediately (even if that meant the wife might have to sell the matrimonial home), and that the husband make his equalization payment to his wife by way of a spousal rollover of his pension.

Solo practice is increasingly the preferred alternative for the millennial lawyer.

If you are a professional providing some kind of service to the public, you may come across a couple of clients who may ruin your day. If you are a lawyer, it is very possible that through the course of your practice you will eventually have to deal with some clients who are unreasonable, demanding, un-cooperative and overall difficult.

Highlights from the December 11, 2018 Brown Bag Lunch including a discussion about the appeal of Re Milne, argued on December 11, 2018, difficulties members have experienced obtaining a status certificate, drafting issues with respect to providing for beneficiaries under disability and RDSPs, and issues with respect to the beneficiaries of pension plans and insurance trusts.

Ontario Bill 57, Administrative Penalties Guideline, Draft RPP Newsletter and Federal Consultations on BIA and CCAA Reform

This article provides an overview of the limitations of the Cap and Trade Cancellation Act, 2018 (the “CTCA”) and recommendations for its implementation in 2019 and beyond. It discusses the public consultation process leading to the enacted CTCA as well as the Ministry of Environment, Conservation and Parks’ compliance with the Environmental Bill of Rights.