What Happens When a Seller Fails to Close on My Residential Property Transaction?
When a seller is bound by an agreement for purchase and sale for a residential property, and there is a dispute or breach of the contract, the court can order…
Do Appellate Courts Really Need Reply Factums? The Supreme Court Weighs In
Do appellants in Canadian appeal courts get the last word? Increasingly, the answer appears to be no. Reply factums—short written submissions filed after responding factums—have always occupied an uneasy place in…
Navigating Co-Ownership Choices: Tenancy in Common vs. Joint Tenancy Explained
When buying a home, many homeowners opt for co-ownership of the property. Some people assume that if they pass away, their estate will automatically inherit the property. However, this hinges…
Are Employers Liable for the Actions of Rogue or Fraudulent Employees?
There have been numerous instances where employees have engaged in fraudulent or rogue behavior while acting within the course or scope of their employment. Examples include employees embezzling funds from…
What to Do if a Power of Attorney Abuses Their Role?
As people age, it is extremely common for individuals to appoint one or more Powers of Attorney (POA). Although people frequently use the term “Power of Attorney” to describe certain…
Considerations For Moving To Appeal A Judge’s Decision?
Judges, like all professionals, are not immune from making mistakes. In Ontario, a party challenging a trial judge’s decision may appeal on the grounds of legal errors, factual errors, or…
Buyer Beware: Patent and Latent Defects in Real-estate Litigation
Buying a property is an exciting milestone for many individuals. Aspiring homeowners strive to purchase a flawless property to avoid potential real estate litigation, assuming sellers must disclose defects in…
Zoning Litigation: A Brief Guide For Property Owners
Zoning laws restrict landowners or property owners in how they can use or develop their land or building. For example, most municipalities prohibit building residential homes near industrial parks or…
What Happens If You Purchase A Property With Defects?
Residential properties, whether new or old, can have various defects arising from poor materials, workmanship, or wear and tear over time. Depending on the type and visibility of a defect,…
Understanding the Latent Defects Limitation Period: What Property Owners Need To Know
When purchasing a property, buyers often focus on visible aspects and immediate concerns. However, some issues may lurk beneath the surface, only revealing themselves months or even years after the…
Should Companies Update Their Employment Contracts?
Due to recent developments in the courts, updates to the Employment Standards Act (the “ESA”), and workplace changes due to Covid-19, which have had a direct effect on the employment…
What Are My Entitlements if I get Terminated?
Many employers include a probationary period in the employment contracts they offer to prospective employees. Generally, the probationary period is 3 months, but there is no limit to the maximum…
Navigating Long Term Disability Benefits Claims for Mental Health Issues
Long-term disability insurance, also commonly known LTD insurance, refers to a type of coverage that will pay benefits to compensate for a portion of your income in the event that…
Long Term Disability Insurance: Own Occupation & Any Occupation?
You may have come across the terms “own occupation” and “any occupation” if you have been considering LTD coverage, or if you are already receiving long-term disability benefits. LTD policies…
CPP Disability Benefits and Long-term Disability Insurance
All long term disability (LTD) insurance policies include language indicating how much the insured will receive in benefits if he or she becomes unable to work due to a medical…
Lesser Known Rules of Civil Procedure
The Ontario Rules of Civil Procedure (the “Rules“) is thick and voluminous. The better one knows the Rules, the better one will be at advancing or defending a civil proceeding.…
Misrepresentations in LTD Insurance
LTD insurance claim denied due to misrepresentation Where the insurance provider takes the position that the policy holder misrepresented a fact, or lied, during the application process and there was…
Severance Pay, Termination Notice and Ltd Benefits
All long-term disability (LTD) insurance policies indicate how much the insured will receive in the event that he or she becomes unable to work due to a medical condition. However,…
LTD Benefits – What Does “Total Disability” Mean?
The term “total disability” is generally found in most long-term disability (LTD) insurance policies. When applying for LTD benefits, this term represents the first, of potentially many hurdles, that applicants…
Are My Long-term Disability Benefits Taxable?
All long-term disability (LTD) insurance policies indicate the amount of benefits that the policy holder will be entitled to upon becoming unable to work due to a medical condition. This…