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Friday, September 25, 2020 @ 2:03 PM

Sustaining our justice system in pandemic times | Roger Bilodeau

In recent months, several judges, court officials and observers have stated that the pandemic has thrust the justice system further along into the 21st century with the push to use all available technologies to maintain court operations. Many of them have also rightly pointed out that access to justice is still a challenge for a great number of Canadians. As courts take steps to resume regular operations, what does the future hold in terms of sustaining our justice system? Here are a few points to consider as governments, courts and other interested parties move forward to map out the future. ... [read more]

Friday, September 25, 2020 @ 6:06 AM

CONDOMINIUMS - Bylaws - Regarding occupancy standards - Declarations

Appeal by the defendants from summary judgment finding they engaged in conduct towards the respondents that was unfairly prejudicial and unfairly disregarded their interests and from the costs award of $54,000 in favour of the respondents. ... [read more]

Thursday, September 24, 2020 @ 2:48 PM

I spy with my little eye: Monitoring employee computers shockedcomputeruser_Sm.jpg

It makes sense, if you think about it. An employer hires someone to do a certain job. The employer wants to make sure that the employee is, in fact, doing the very work that they were hired to do. The easiest way to monitor employees’ use of time and employer resources is to monitor them — either overtly or covertly. Many employers have implemented computer monitoring software that logs information such as the websites visited by employees and the length of time on the websites. ... [read more]

Thursday, September 24, 2020 @ 9:03 AM

Where administrative law meets electricity market electricalpoles

Rayonier A.M. Canada Enterprises Inc. v.  Independent Electricity System Operator [2020] O.J. No. 3879 is an examination of the intersection of administrative law with the rules that govern the Ontario electricity market. This motion to quash looks at whether the Independent Electricity System Operation (IESO) can implement and administer a dispute resolution process.     ... [read more]

Tuesday, September 22, 2020 @ 6:11 AM

REAL PROPERTY TAX - Valuation of land - Business property

Appeal by the property owner from a decision of the Assessment Appeals Committee reinstating the 2017 original assessment of the appellant’s shopping mall. The assessed value of the Mall nearly doubled in the 2017 assessment year and the appellant successfully appealed that assessment to the Board of Revision. ... [read more]

Monday, September 21, 2020 @ 3:36 PM

Court cites ‘prejudices’ to Black tenants in overturning landlord’s eviction bid

In a case involving commercial leasing, an Ontario Superior Court judge has concluded that a Toronto landlord and property manager consciously or unconsciously displayed “racial stereotyping” when they terminated a tenant’s lease and tried to evict the owners of the Caribbean restaurant from their shopping plaza. ... [read more]

Monday, September 21, 2020 @ 2:25 PM

LSO crowd-pleaser fee relief motion the opposite of what’s needed | Jonathan Rosenthal

Let’s say a government were to go rogue and compel you to have a limb amputated. Quick! Which one would you choose? ... [read more]

Monday, September 21, 2020 @ 11:07 AM

Will pandemic finally lead to lower annual fees for Ontario licensees? | Andrew Puiras

Annual fees have been a sort of perennial issue in Law Society of Ontario (LSO) politics, causing groans but never erupting to the forefront. In the 2019 bencher election, many candidates made lowering annual fees part of their platform, but annual fees got lost in the shuffle as the statement of principles took centre stage. In 2019, Convocation lowered 2020 annual fees for lawyers by $135 to $2,066, a modest decrease of approximately six per cent from the previous year. ... [read more]

Friday, September 18, 2020 @ 11:02 AM

LSO fee relief motion a matter of disaster relief for members | Gerard Charette

This Law Society of Ontario (LSO) bencher from Windsor would like to offer a view different from that espoused by Joe Groia in his column of Sept. 16 (LSO budget balance: Support for licensees and public). Unlike Joe, I firmly support bencher Geoff Pollock’s motion to reduce members’ fees by 25 per cent for the upcoming year (the “Fee Relief Motion”). That motion comes before Convocation on Sept. 24. Sadly, a motion to table (defer) bencher Pollock’s Fee Relief Motion might be made without allowing there to be any debate. But in any event, there will be some important points raised. So, please tune in to the LSO’s public access of the Sept. 24 Convocation. ... [read more]

Thursday, September 17, 2020 @ 11:10 AM

Property dispute decision proves importance of history, geography lessons landsurveyor

The first lock on the Trent-Severn Waterway was built in 1833 in Bobcaygeon with the whole system being completed in 1920. The first on the Rideau was started in 1826 in Ottawa. However, different lakes were dammed by loggers, and others, at various times both before and after these dates. Knowing the history of the waterways of the province has become all the more important with the Ontario Court of Appeal’s recent decision in Becker v. Walgate 2020 ONCA 491. ... [read more]