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Wednesday, September 30, 2020 @ 11:45 AM

How a First Nation can secure agreement for municipal services Chess pieces on question mark

There has been a long-standing and common challenge faced among Indigenous Nations in accessing municipal services from adjacent municipalities. These Indigenous Nations have heard repeated demands that services will only be provided if they apply municipalities’ laws, zoning, fees and approval processes on Indigenous lands, even where there is an active jurisdiction held by the First Nation. ... [read more]

Tuesday, September 29, 2020 @ 8:50 AM

Builders’ agreements: Certificates of pending litigation vs. no-registration clause Dealgettingsigned

When buying from a builder, agreements of purchase and sale (APS) are almost always one-sided in their favour. For instance, if purchasers fail to close, they typically forfeit any deposits paid and the builder retains the right to sue them to recover any resultant losses (e.g., if a future sale of the subject property occurs at a lower purchase price). But, what happens if a builder fails to close the deal? ... [read more]

Monday, September 28, 2020 @ 11:44 AM

A personal reflection on Ruth Bader Ginsburg | Beverley McLachlin

It is autumn. I am in the Gatineau Hills north of Ottawa. The leaves are red and gold, and the views spectacular. The occasion is lunch in a country restaurant called Les Fougères. Across the table sits John Roberts, chief justice of the United States. To my left is a small woman with dark, pulled-back hair and an intense gaze — Ruth Bader Ginsburg. ... [read more]

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]