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Courts in Ontario Interpret Meaning of Force Majeure During COVID-19

November 4, 2020 By: Michael Conway Businesses faced a novel challenge in Ontario when due to the COVID-19 pandemic, non-essential businesses were forced to close for an extended period of time to protect Ontario's public health. All businesses faced the challenge of how to respond to these unexpected closures which in some cases put a complete stop on operations and revenues for up to months. Faced with a lack of revenue, businesses became unable to pay bills necessary to keep them in business. A common example of this are rent payments. Organizations turned to the provisions of their contracts and many [...]

Courts in Ontario Interpret Meaning of Force Majeure During COVID-192020-11-12T16:45:06-05:00

Summary Hearings – How Human Rights Claims Can Go Wrong

October 16, 2020 By: Michael Conway Individuals in Ontario who feel that their human rights have been violated can make an application to the Human Rights Tribunal of Ontario ("HRTO") to seek compensation for the alleged violation. The general idea is that an individual files an application with the HRTO alleging that an individual or organization discriminated against them. The person making the application becomes the Applicant. The individual or organization that the Applicant alleges discriminated against them becomes the Respondent. The Respondent gets the chance to respond to the claims against them. The issue is then resolved either by the [...]

Summary Hearings – How Human Rights Claims Can Go Wrong2020-11-12T16:45:12-05:00

Moving to Canada? 5 Things to Ponder

October 1, 2020 By: James McCarthy It's become a common refrain: "I'm moving to Canada!" Moving to the Great White North is an exciting life change for hundreds of thousands of people per year. But it's not all maple syrup and Canada Geese - there are a number of issues to consider before making the decision. In this blog, we take a look at five questions surrounding some myths about moving to Canada. 1) Is Everyone Admissible to Canada? Before planning a move to Canada, it's important to consider whether you are able to enter the country. In addition to ensuring you [...]

Moving to Canada? 5 Things to Ponder2020-11-12T16:45:17-05:00

Common Misconceptions in Residential Renting

September 24, 2020 By: Michael Conway Individuals and businesses in Ontario are generally free to enter into contracts with each other. When you form a legal agreement with another party each party becomes legally required to perform certain things. There are some kinds of contracts though that the law in Ontario is concerned about. Where the law feels that if parties are left to their own devices, individuals would be forced into unfair agreements that would have an important impact on their lives, it enforces specific requirements for those contracts. A commonly known and understood example of this is the minimum [...]

Common Misconceptions in Residential Renting2020-11-12T16:45:24-05:00

My Tenant Did Not Show Up at the Start of the Lease – What Landlords Can Do

August 31, 2020 By: Michael Conway The COVID-19 pandemic continues to change the ways that individuals and businesses operate every day. As people learn to adapt to the “new normal” it is becoming important to address remnants of the old normal. A fairly common practice for landlords and prospective tenants is to sign lease agreements months before the lease actually becomes effective. This practice will likely cause upcoming problems. This practice is especially common among landlords who rent to students. Given that college and university students will often live elsewhere during the summer, signing the lease ahead of time lets them [...]

My Tenant Did Not Show Up at the Start of the Lease – What Landlords Can Do2020-11-12T15:31:18-05:00

Never Ending Rights – The Status of Perpetual Contract Obligations in Ontario

August 18, 2020 By: Michael Conway Can two parties create contractual obligations which bind in perpetuity? If I make a contract with someone else that says that I agree to let them park in my driveway in perpetuity, should the other person be allowed to hold me to that promise 75 years from now? Is it unconscionable to include in a contract that one party is bound to do something forever for all time? The Court of Appeal for Ontario says that this sort of contractual clause is permissible and does not offend public policy. Perpetual Clauses A perpetual clause – [...]

Never Ending Rights – The Status of Perpetual Contract Obligations in Ontario2020-11-12T15:33:56-05:00

Covid 19: Considerations for Implementing the Mandatory Mask Order

July 6, 2020 By: James McCarthy On Friday June 26, 2020, Kingston, Frontenac, Lennox and Addington Public Health issued an Order under s.22 of the Health Protection and Promotion Act that requires businesses and municipal facilities to prohibit entry to people who are not wearing a face covering, with specific exemptions noted. Despite these clearly stated exemptions, a number of people in the community have reported being refused service because their face is not covered. This blog post will take a look at competing rights and obligations when it comes to face coverings under the current Order. So, who is exempt [...]

Covid 19: Considerations for Implementing the Mandatory Mask Order2020-11-12T15:36:41-05:00

Immigration: LGBT+ Couples from Countries Without Marriage Equality

June 24, 2020 By: James McCarthy Imagine that you and your partner have decided to move to Canada. You've done the research, picked a community that looks exciting and vibrant (for example, right here in Kingston!) and are getting ready to start the immigration process. But there's still one concern in your mind: you and your partner are in a same-sex relationship, coming from a country where you are not able to marry. You wonder: can we still immigrate as a couple? For many, this is not a hypothetical question, particularly as most immigrants to Canada come from jurisdictions in which [...]

Immigration: LGBT+ Couples from Countries Without Marriage Equality2020-11-12T15:38:51-05:00

Covid-19 and Delayed Marriages Part 1: Break-ups

May 1, 2020 By: James McCarthy For many couples, a lot of planning goes in to their wedding day. The current global Covid-19 pandemic and State of Emergency in Ontario have thrown a wrench into the wedding plans of many couples. A cancelled wedding can cause a lot of headache - but it can also have a big impact on the legal rights of couples. Over the next few posts, our blog will be taking a look at some of these impacts. To do this, we are using hypothetical scenarios, specifically written to showcase certain issues. You should not attempt to [...]

Covid-19 and Delayed Marriages Part 1: Break-ups2020-11-12T15:41:01-05:00

The Pros and Cons of Grey Divorces

July 3, 2019 By: Samantha Rosen-Lawlor There have always been couples who divorce later in life. But with an aging baby boomer population approaching the age of retirement, there has been an increase in what has been dubbed “grey divorces”. According to a recent article in Law Times, there are different complexities to divorcing later in life. One aspect of the divorce process most older couples can avoid are proceedings related to child custody and child support. For most older couples, their children have reached adulthood and have started families of their own. This means the parents may not need to interact [...]

The Pros and Cons of Grey Divorces2020-11-12T16:45:46-05:00
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