Notice Periods When the Related Legislation is Silent

Article
January 18, 2018
Read Time: 2 minutes

Legislation is notorious for being hyper-granular and specific one moment, and then vague and unclear the next. Sometimes the issue you’re interested in is entirely absent from the act. This can make interpretation very difficult for lawyers, and even more so for those who don’t have a legal background. So what happens when the piece of legislation you are relying on is silent on an issue?

Ottawa lawyers scuttle attempted condo board takeover

Article
July 19, 2017
Read Time: 4 minutes

Three individuals tried to gain control of a Toronto condo board and its multimillion-dollar budget by manipulating the director election process, an investigation by Ottawa law firm Nelligan O’Brien Payne has found.

Agents must verify home defects

Article
February 27, 2015
Read Time: 3 minutes

It is well established that home sellers have an obligation to disclose latent defects to potential purchasers. Recent court and discipline decisions confirm that real estate agents also share this duty of disclosure.

Private Mortgages in Ontario

Article
June 10, 2014
Read Time: 3 minutes

A private mortgage is a loan by a private entity (individual, corporation, partnership, etc.) that is secured by real property. Private mortgages may be used to secure existing debts, or they may be security for new loans being advanced.

Severing Property? Some Issues to Consider

Article
March 26, 2014
Read Time: 3 minutes

A severance of land to create a new lot requires an application to the Committee of Adjustment (‘Committee’) for consent to sever one parcel of land from another. In this article, I will review some of the conditions that may be attached to the consent, and which will have to be satisfied before the consent of the Committee will be formalized.

Commercial Leasing: Renting Space For Your Business

Article
February 12, 2014
Read Time: 4 minutes

The first step to entering into a Lease with a new Landlord is generally a Letter of Intent or an Offer to Lease. After you find the perfect space, and you confirm an acceptable rental rate with the Landlord, there are still many other considerations to take into account before signing the final Lease.

Proposed brownfield standards make clean-up costly

Article
June 19, 2012
Read Time: 3 minutes

Over the past 10 years, Ontario’s Ministry of the Environment (MOE) has embarked on a campaign to overhaul brownfield legislation. The “key challenge” according to the MOE, is “to encourage the revitalization of brownfield properties and surrounding communities while protecting health and the environment.”

Climate Change – Are Municipalities Ready?

Article
November 23, 2011
Read Time: 11 minutes

This white paper discusses the many ways that climate change impacts municipalities and exposes them to potential liability. These include risks of flooding due to increased precipitation, how drinking water can be affected, the importance of water conservation, and the health repercussions of pollution and extreme weather. Municipalities are on the front lines of climate change and must be active when it comes to changing the minds of individuals, businesses, and all levels of government in Canada. This paper outlines the issues, but also offers solutions and ways to solve these problems.

Neighbour versus Neighbour – The nasty world of neighbourhood disputes

Article
March 3, 2010
Read Time: 5 minutes

While it would be tempting to believe that society has evolved significantly since those early settlers engaged in lengthy battles over inconsequential trivialities, just this past spring the Ontario Superior Court sat in judgment of neighbours who had been fighting with each other for some 30 years – a feud that was apparently precipitated by the construction of a detached garage that was “too close” to the property line.