What are Common Foreclosure Law Violations in Ontario?

Common irregularities, errors, or illegal clauses in mortgage agreements in Ontario can provide homeowners with potential grounds for challenging the legality of the mortgage or the foreclosure process. It’s important to note that not all mortgage agreements contain these issues, and legal advice is essential to determine whether any irregularities or violations exist. Here are…

I was hurt in a bicycle accident. Now what?

Even if you take all the necessary precautions, riding a bicycle carries a risk, often as a result of factors outside of your control. Bicycle accidents may occur as a result of a collision with a car, pedestrian or another cyclist; a car “dooring” you (i.e. opening their door and striking you while cycling by);…

Wrongful Dismissal and Discrimination in the Workplace

Discrimination in the workplace is all-too common, both from the employer and fellow employees. In fact, three-quarters of human rights claims are related to discrimination in the workplace. Discrimination has many faces, from failing to assess someone’s abilities and merits, to stereotyping, excluding and specifically targeting. Discrimination can be both intentional and non-intentional, but either…

Wrongful Dismissal and Overtime Pay

If you work for more than 44 hours a week, you may be entitled to overtime pay. If you are terminated from an employment position, you may be able to receive compensation for hours worked above your regular work schedule, as it is money you have earned through your work. Overtime pay is calculated based…

Employee or Independent Contractor?

The employee vs. independent contractor classification is an ongoing issue that underlies employment law disputes. This is because employees are afforded greater protections by law under the Employment Standards Act, including reasonable notice or pay in lieu of notice upon termination. Independent contractors are not entitled to the same rights, unless these terms were specifically…

Negligence of a Home Inspector

During a real estate transaction, when buying a residential property, purchasers often decide to obtain an optional home inspection to satisfy themselves of the property’s condition and to avoid unpleasant surprises. The job of a home inspector involves looking for visual signs that a home needs repairs or upgrading – for instance, by noting signs…

Tendering in Real Estate Transactions

Often times, in the event of a failure to close in a real estate transaction, liability can turn on tendering. In essence, tendering serves as evidence of a party’s readiness, willingness and ability to close. Put differently, where a real estate transaction falls through, the party claiming repudiation of the contract can use their tendering…

Mortgages and Autorenewals

Where a borrower does not take any action as the mortgage term approaches its maturity date and the balance has yet to be paid, the mortgage may either renew automatically or go into arrears. In order for a mortgage to be renewed automatically, (i) the lender must be willing to renew; and (ii) the borrower…

Misconduct in an Academic Setting

Academic misconduct may be construed as any behaviour, intentional or otherwise, that gives a student (or assists another student) in attaining an unearned or unfair advantage in academic work over other students. Examples of academic misconduct where students may find themselves before the university’s disciplinary review board may include: Disciplinary procedures within an academic institution…

Wrongful Dismissal from Employment and Mitigation

Where an employee is wrongfully dismissed, they have an obligation to mitigate their losses by finding comparable employment. The Ontario Court of Appeal provided further insight into what this duty entails in the decision of Merida Lake v La Presse Inc (2022). In that case, a 52-year-old employee had worked for a French language newspaper…