ArticleOntario Superior Court Clarifies The Test To Establish Adverse Possession Over LandThe Ontario Superior Court recently clarified what is required to establish adverse possession over a parcel of land.CanadaReal Estate and ConstructionPallett Valo LLP
ArticleRenewal Of A Commercial Lease – A Landlord's Silence Does Not Amount To Bad FaithWhen it comes to the renewal of commercial leases, courts have always remained adamant that deadlines must be strictly met. CanadaReal Estate and ConstructionPallett Valo LLP
ArticlePith And Substance: Determining The Scope Of Arbitration ClausesThe recent decision of the Ontario Superior Court of Justice in Haas v. Gunasekaram, 2015 ONSC 5083 reinforces the approach that Ontario Courts take to defining the boundaries of arbitration clauses.CanadaLitigation, Mediation & ArbitrationPallett Valo LLP
ArticleHoliday Cheer Without The Claims: Employer Obligations And Holiday PartiesThough after a summer plagued by HR scandals including affairs under Coldplay's Sky Full of Stars, the Diddy trial, and the NHL's Canadian World Junior Hockey Team sexual assault trial...CanadaEmployment and HRPallett Valo LLP
ArticleCourt of Appeal Narrows Liability on Manufacturers in Landmark Product Liability DecisionHundreds of people became ill in the summer of 2008 after consuming tainted ready-to-eat ("RTE") meats manufactured by Maple Leaf Foods Inc. ("Maple Leaf"). CanadaInsurancePallett Valo LLP
ArticleLedore Investments v. Dixin – The Importance Of Procedural FairnessDespite early views that the Ontario Divisional Court may be reluctant to interfere with the decision of an adjudicator, in fact, 2023 and 2024 saw several Divisional Court decisions...CanadaReal Estate and ConstructionPallett Valo LLP
ArticleWhen To Use Rule 14 When Applying For A Certificate Of Appointment Of Estate TrusteeEffective strategic planning for clients facing the job of administering an estate requires consideration of factors such as: whether the deceased person died testate or intestate...CanadaLaw Practice ManagementPallett Valo LLP
ArticleSignificant Progress Made By Attorney General In Estate Law ChangesOn February 16th, Ontario's Attorney General, Doug Downey, moved for the first reading of Bill 245, the Accelerated Access to Justice Act, 2021[1]. CanadaFamily and MatrimonialPallett Valo LLP
ArticleSpousal Election: Rights Of A Surviving SpouseIt is a common misconception that we are at liberty to simply do with our property anything we wish upon death. CanadaFamily and MatrimonialPallett Valo LLP
ArticleCourt Sets Aside Power Of Sale Transfer To Good Faith BuyerA recent judgment highlights the risks to a buyer under power of sale despite delivery of evidence required for the safe harbour provisions of s.35 of the Mortgages Act and s.99(1) of the Land Titles Act.CanadaFinance and BankingPallett Valo LLP
ArticleEnforcing Your Trademarks – Infringement vs. Passing OffTrademarks are valuable business assets. A trademark is a source identifier for a business and a badge of quality for its goods and services.CanadaIntellectual PropertyPallett Valo LLP
ArticleAlways Read Before You Sign: When A Contract Is Clear, Courts Will Not Look Past The Written WordsIt goes without saying that contracts should always be read before they are signed, as a written contract creates a legal instrument which binds the parties who execute it.CanadaLitigation, Mediation & ArbitrationPallett Valo LLP
ArticleThe Consequences Of DelayEffective May 13, 2024, court staff will resume issuing and serving administrative dismissals and orders for delay.CanadaLitigation, Mediation & ArbitrationPallett Valo LLP
ArticleThe Ever Expanding Scope Of Canadian Privacy Law: Recognizing Novel Grounds For The Protection Of Private InformationPrivacy is an amorphous concept. With its historical roots dug firmly in the dirt of philosophical discussion, its underpinnings stretch back thousands of years. CanadaPrivacyPallett Valo LLP
ArticleA Shareholder Can Sue For Wrongs Done To A Corporation – An Exception To The RuleA shareholder of a corporation cannot sue for wrongs done to the corporation. This has been the law since the UK House of Lords decision Foss v. Harbottle in 1843CanadaReal Estate and ConstructionPallett Valo LLP
ArticleOntario Is Taking Steps To Remove Barriers For Female Workers On Construction JobsitesWhile the construction workforce is still predominantly male, Ontario's construction industry is becoming more gender inclusive.CanadaReal Estate and ConstructionPallett Valo LLP
ArticleRelief From Forfeiture Of A Commercial Lease: How Much Is Too Much?The main issue was the scope of relief a court may grant under section 20 of the Commercial Tenancies Act...CanadaReal Estate and ConstructionPallett Valo LLP
ArticleRunning A Business? You Should Have An Estate Plan: Part II – PartnershipYou've built a business plan for success. Now, it's time to build an estate plan for succession.CanadaFamily and MatrimonialPallett Valo LLP
ArticleThe GDPR Is Coming. Are You Ready?The long arm of comprehensive EU privacy legislation can reach across the Atlantic Ocean and grab hold of Canadian companies that fail to comply with it.CanadaPrivacyPallett Valo LLP
ArticleWhen It Comes To Buying A House – Timing Is EverythingAt one time or another, everyone has been late for a dinner reservation, music concert, or appointment. In other areas of life, such as weddings.CanadaReal Estate and ConstructionPallett Valo LLP