Two recent Court of Appeal decisions emphasize the utility and broad scope of “expression relating to matters of public interest” protected by the Courts of Justice Act, R.S.O. 1990, c. C.43. Amendments to the Courts of Justice Act in 2015 introduced Section 137.1, under which a defendant to a defamation action may move to have …
Arbitration clauses in commercial agreements
Many drafters of commercial agreements include an arbitration clause, often as an afterthought. Such clauses typically provide that disputes arising between the parties to the agreement proceed by way of private arbitration rather than to court. Arbitration is generally considered to be a more cost effective and efficient means of resolving commercial disputes than proceeding …
5 Common Myths About Child Support
Parents are responsible for financially supporting their children. If you are a biological parent, an adoptive parent or a stepparent, you may have a child support obligation, regardless of whether or not you are living with the child. While many parents are familiar with the broader concept of child support, understanding the details regarding your …
Why You Should Have a Shareholders’ Agreement (That Includes Terms Regarding Employee Shareholders)
A recent blog post by Andrew Sapiano, one of the firm’s resident corporate lawyers, highlighted some of the reasons that a shareholders’ agreement is advisable. Andrew noted that a shareholders’ agreement would include provisions dealing with a number of matters, including what happens in the event a shareholder withdraws from the corporation, either voluntarily or …
Why You Should Have a Shareholders’ Agreement
Frequently I advise clients who have or are forming an incorporated business with two or more shareholders to enter into a shareholders’ agreement. Why? An effective shareholders’ agreement clearly sets out the rights and obligations amongst shareholders and establishes mechanisms to deal with – or avoid – disputes that may arise in the future. An …
Can your sibling stop you from visiting your mom or your dad?
As the baby boomer generation ages and requires greater assistance from their kids and grandkids, it is not uncommon to see old rivalries and animosities between children resurface. This is particularly so where the onset of dementia and other health concerns necessitate children caring for their parents and managing their property. Where siblings disagree over …
Only Ontario pay should be considered in calculation of ESA severance (according to the Ontario Labour Relations Board)
Section 64(1)(b) of the Employment Standards Act, 2000 (“ESA”) provides that a terminated employee with 5 or more years of service is entitled to statutory severance pay (in addition to notice or pay in lieu of notice) if the employer has a payroll of $2.5 million or more. Up until a 2014 decision of the …
#BalanceforBetter – A lawyer’s thoughts on International Women’s Day 2019
The theme of International Women’s Day 2019 is #BalanceforBetter. In 2019, it is our collective obligation to strive to create a more gender-balanced world. At Cunningham Swan, we are fortunate to work with many amazing women, both within the firm and as clients. On International Women’s Day, we celebrate the achievements of these individuals. But …
Who determines mental capacity at law?
Navigating the different tests for mental capacity and who assesses what, where, when and how, are questions that can be much more complex than many of us assume. In general terms, who decides whether a person is capable depends on what the decision is that needs to be made. This is because each task we …
Much Ado about Nothing The Milne Estate Revisited
After several months of uncertainty potentially affecting thousands of wills in the province, the Divisional Court has confirmed that not only is the use of double wills acceptable, but there is no uncertainty that invalidates a will when “allocation clauses” are used in the definitions of the assets passing under each of two wills. The …
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