Cottage Country Road Access Closures: Legal or Illegal?
September 2022IntroductionWhat would you do if, on your way to your cottage, you noticed that the only road you always used to get there has been closed?In 1978, Ontario enacted the Road Access Act to...
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View ArticleAppellate Court Finds that CERB is Not Deductible from Wrongful Dismissal...
Until now, there has been conflicting case law across Canada about whether CERB payments are deductible from damages in a wrongful dismissal case. Read more to find out if they should or shouldn't be.
View ArticleHoliday Dos and Don’t for Employers: Stay on HR’s Nice List!
Holiday party season is upon us and, this year, that means a return to in-person festivities. It is important that employers take proactive steps to ensure the health and safety of their employees who...
View ArticleWHAT CONDOMINIUMS NEED TO KNOW ABOUT EMPLOYING A SUPERINTENDENT: WHERE TO...
What Condominiums Need to Know about Employing a Superintendent: Where to Start? (Part 1 OF 4) Legislative FrameworkMany condominium corporations opt to hire a building superintendent to perform the...
View ArticleWHAT CONDOMINIUMS NEED TO KNOW ABOUT EMPLOYING A SUPERINTENDENT: SPECIAL...
The Employment Standards Act: Exemptions for Live-In SuperintendentsPursuant to the regulations under the Employment Standards Act, 2000, S.O. 2000, c. 41(“ESA”), employees who work as superintendents...
View ArticleWHAT CONDOMINIUMS NEEDS TO KNOW ABOUT EMPLOYING A SUPERINTENDENT: EMPLOYMENT...
Written Employment Contracts An employment contract is beneficial to both the Condominium and the superintendent as it provides clarity on the rights and responsibilities of both parties. A properly...
View ArticleWHAT CONDOMINIUMS NEED TO KNOW ABOUT EMPLOYING A SUPERINTENDENT: TERMINATIONS...
Minimizing Exposure to Termination PayMany wrongful dismissal lawsuits involve debates around employee entitlements upon termination. Many of these claims could have been avoided with a well-drafted...
View ArticleWage Fixing and No-Poach Agreements Between Employers
IntroductionAre you an employer? If so, impending changes to Canada’s Competition Act, R.S.C., 1985, c. C-34 may affect you. On June 23, 2023, new provisions of the Competition Act (the “Act”)...
View ArticleLenders, Are your Investments Safe?
IntroductionIn certain circumstances, the Income Tax Act[1] and the Excise Tax Act[2] provide Canada Revenue Agency (“CRA”) with powerful tools, enabling it to collect unremitted source deductions and...
View ArticleThe Ontario Disability Support Program (ODSP) & Henson Trusts
IntroductionWhat happens to someone who is receiving income from the Ontario Disability Support Program (the “ODSP”) and they turn 65 years of age? Are they ‘aged out’ of the program?The short answer...
View ArticleThe Eighty Thousand Dollar Emoji
Introduction:In most circumstances, a mere emoji will not be a binding acceptance of a contract, but in the recent matter of South West Terminal Ltd. v. Achter Land & Cattle Ltd.,[1] the...
View ArticleThe Role of Non-Disclosure Agreements (NDA's) in Safeguarding Business...
The Role of Non-Disclosure Agreements (NDAs) in Safeguarding Business Interests in OntarioIn today's competitive business landscape, safeguarding sensitive information and proprietary knowledge has...
View ArticleUnderused Housing Tax: Does it Apply to You?
Does Canada’s New ‘Underused Housing Tax’ Apply to You?On January 1, 2022, the federal government implemented the Underused Housing Tax Act (the “Act”). This legislation requires certain residential...
View ArticleUnderused Housing Tax: Does it Apply to You? Part 2
Does Canada’s New ‘Underused Housing Tax’ Apply to You? Part 2On January 1, 2022, the federal government implemented the Underused Housing Tax Act (the “Act”). This legislation requires certain...
View ArticleExamples of Underused Housing Tax Application
The following are examples of how the Underused Housing Tax may apply and are intended for illustrative purposes only and do not constitute legal advice. Always consult with legal counsel.Example 1:...
View ArticleHow should sellers best protect themselves from violating the Prohibition on...
If you have never heard of the Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”), you are probably not alone. This new legislation came into effect on January 1,...
View ArticleGST/HST Issues Ahead For Short-Term Rentals
Cities and provinces in Canada are increasingly restricting Airbnb and other short-term rentals. Now, a new federal government measure will increase the pressure further. These changes could lead to...
View ArticlePeople, Pets, Parking … and Photons?
Introduction Most condominium disputes boil down to the three Ps: people, pets, parking. Recent caselaw from the CAT shows that a new type of nuisance is gaining traction: light. In the past year,...
View ArticleThe Temptation of Self-Help
Polchil Homes Ltd. v. Peel Condominium Corporation No. 245, 2023 ONSC 2364IntroductionSelf-help remedies are tempting. They can appear to be an obvious, inexpensive, and quick way to solve problems...
View ArticleDumbbells and Decibels: Condominium Gyms and Noise Complaints
IntroductionIn gyms around the country, dropping weights is generally seen as violating workout etiquette. In condominiums, this might be violating something more severe. In November 2023 alone, the...
View ArticleDraft Rules Published for Tax “Crackdown” on Non-Compliant Short-Term Rentals
Canada’s Department of Finance has released draft legislation and explanatory notes with the details of the government’s plan to crack down, through the Income Tax Act, on non-compliant short-term...
View ArticleUnion Activity is on the Rise – Is Your Business Ready?
Union Activity is on the Rise – Is Your Business Ready? Against the backdrop of a cost-of-living crisis and prevailing economic uncertainty in Ontario, it is perhaps unsurprising that both labour...
View ArticleGST Consequences For Short-Term Rental Property Explained
In a previous article, we flagged the potential GST/HST consequences when a person returns a short-term rental property to long-term residential use.In this article, we will discuss those consequences...
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