What is the Legal Temperature for Tenants in Ontario

What is the perfect indoor temperature for some, may be too hot or too cold for others. In Ontario’s “cold in winter hot in summer” climate, maintaining a livable indoor temperature can become a necessity rather than just a preference. Heating or cooling a home is expensive. For these reasons, controlling the temperature in a residential rental can become a touchy subject. Control or restriction of heat often becomes a bargaining chip in landlord and tenant disputes. If you are a tenant, you may have a different opinion of what is an acceptable temperature versus what your landlord thinks is reasonable. [...]

What is the Legal Temperature for Tenants in Ontario2021-05-11T14:59:02-04:00

Is Estate Planning the Same as A Will?

If you are reading this, you have probably decided that it is finally time to cross “getting a will” off your list of things to do. Before you get started, you may have questions. For instance, what is the difference between having a will and estate planning? Are they the same thing? What is an estate planning lawyer? What is a Will? A will is simply a legal document that sets out a person’s wishes about what will happen to their assets at the end of their life. There are formal legal requirements to formatting a will, and these requirements can [...]

Is Estate Planning the Same as A Will?2021-04-27T15:41:40-04:00

Can I Rent my Apartment as a Short-Term Rental?

December 18, 2020 by: Michael Conway The common practice in Ontario is that a residential lease begins with a term of one-year. While that can offer stability and certainty to renters, it can also make things difficult for people who need a place to stay for less than a year. Short-term rentals have emerged as a way for people to rent out their property that they are not using and give renters a more flexible option to suit how long they need to rent for. Websites like Airbnb and Vrbo have made that process incredibly easy for renters and people looking [...]

Can I Rent my Apartment as a Short-Term Rental?2020-12-18T15:52:34-05:00

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
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