Construction Trust Claims: How to Protect Yourself

May 12th, 2017

Caught up in the moment of construction work chaos and scrambling to complete jobs, it is all too easy for invoices to accrue and accounts to build up. While construction liens provide one way to secure payment due to contractors and subcontractors, preventing one’s lien rights from expiring requires meeting strict deadlines, which are often […]


Insurance Risks for Uber-X Drivers

May 6th, 2015

In a recent interview with Global, I spoke about the risks Uber-X drivers face when they are not properly insured while operating an Uber vehicle. Many Uber-X drivers only carry personal car insurance, as opposed to commercial insurance, when operating their Uber-X vehicles. However, these drivers may not be aware of the potential consequences they […]


Two Lessons from Paquette v Quadraspec Inc.

December 11th, 2014

In Ontario, employment relationships are governed by the Employment Standards Act, 2000 (the “ESA”). The ESA sets out minimum entitlements that employers must provide to their employees. The parties to an employment contract cannot contract out of the minimum entitlements under the ESA. In Paquette v Quadraspec Inc., Mr. Paquette made two different claims against […]


An Apple a Day Keeps the Attendance Policy Away

December 2nd, 2014

Although the Arbitrator’s decision in Waste Management of Canada Inc. and Teamsters Local Union No. 419 is specific to the collective agreement between the parties, the issue at stake is likely to be of interest to many. Teamsters Local Union No. 419 (the “Union”) alleged that Waste Management of Canada Inc. (the “Employer”) implemented an […]


Contract Interpretation: Now a Question of Mixed Fact a …

October 30th, 2014

Historically, the exercise of interpreting a contract has been treated by the courts as a question of law. This meant courts and adjudicators were primarily concerned with the legal meaning of the words, and the effect of the words used in a strict sense. Other contextual information was deemed irrelevant. One narrow exception to this […]


Strep throat not deemed a disability under the Ontario …

October 29th, 2014

The Ontario Human Rights Tribunal (the “Tribunal”) recently dismissed a complaint alleging discrimination made by an examiner when her contract with the College of Massage Therapists of Ontario (the “College”) was cancelled. Her contract was cancelled because she was unable to attend a two-day mandatory training session as she had strep throat. The complainant was […]


Contractual Covenants to Insure

October 17th, 2014

Michelle Stephenson, Summer Law Student A recent Ontario Superior Court decision has clarified the significance of a contractual “covenant to insure”. In Sanofi Pasteur Limited v. UPS SCS, Inc. et al. the plaintiff had contracted with one of the defendants to store their vaccines in the defendant’s warehouse. The vaccines were to be kept between […]


Creative Settlement Possibilities in Multi-Party Disput …

June 3rd, 2014

Michelle Stephenson, Summer Law Student Creative Settlement Possibilities in Multi-Party Disputes Parties to complex, multi-party legal disputes should be aware of the option of forming settlement agreements with some parties within ongoing litigation. In many cases, these agreements can reduce risk to the settling parties, and/or reduce costs to all parties in the dispute. A […]


Can emails constitute a binding agreement of purchase a …

November 25th, 2011

In the recent New Brunswick decision of Girouard vs. Druet, [2011] N.B.J. No. 260, the Court held that an email exchange constituted a binding written agreement of purchase and sale. Girouard was interest in a particular condo building in downtown Moncton. After responding to a Kijiji ad regarding the rental of a unit in the […]

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