Whenever I meet with a prospective wrongful dismissal client and review the Severance Package that they have received, I initially estimate what their basic severance entitlement would be. But I also ask them what their future prospects of employment look like. This is because the basic severance entitlement may be reduced by the client's obligation to mitigate their losses. The result may...

In general if you have a claim against someone for payment you don't have an unlimited period of time in which to commence a legal proceeding to collect that payment. The Ontario Limitations Act requires that you shall not commence a proceeding to recover that money after the second anniversary of the day on which the claim was discovered. Claim A claim means a claim to remedy an injury,...

A real estate deal may not close for any number of reasons. Generally, if the seller is at fault, the buyer will be entitled to the return of their deposit and Mutual Releases will be exchanged. However, in this current climate of rising interest rates, it is more common for a purchaser to not be ready or willing to complete the transaction. Deposit Forfeited Normally in this situation, the...

On May 31, 2017, Bill 142 was introduced into the Ontario legislature.  It has already passed first reading and is expected to be made law in early 2018. This is the first major shakeup of Construction Lien legislation in Ontario since the old Mechanics Lien Act, was replaced by the Construction Lien Act, in 1983. But note, this time around, the previous legislation isn’t being scr...

Is it improper for an expert to discuss a draft report with counsel and to possibly modify the draft report prior to submitting it? This is a issue that was addressed by Madame Justice Wilson in her recent decision in the case of Moore v. Getahun, 2014 ON SC 237 (“Moore”) Madam Justice Wilson answered this question in the positive. She held that the 2010 changes to the Rules ...