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Suffered a financial loss and want to sue? You have the duty to mitigate.
When you suffer a financial loss that gives rise to a claim, there is an obligation on you to try and minimize your losses. This is referred to as the duty to mitigate. A common question is, does the duty...
Bill 197 and the Construction Industry
The Provincial government release and passed Bill 197 on July 21, 2020. This omnibus Bill makes changes to 20 statues, including the Development Charges Act, the Planning Act, the Building Code Act, the Drainage Act, and the Environmental Assessment Act....
Ontario’s High Water – Part 1
High water in Ontario is becoming the norm. Two of the last four years have brought devastating floods to different regions of Ontario. Our system of lakes and rivers is overloaded and the largest indications of that are the water...
‘Force Majeure’ Clause in Contracts with American Companies
The United Nations Convention on Contracts for the International Sale of Goods – The CISG – contains a Force Majeure clause and it is important to know about it if you have a contract with an American company where COVID-19...
Impacts of COVID-19 on Ontario’s Construction Sector
As of April 16, 2020, the suspension of limitation periods and procedural steps will not apply to Ontario’s Construction Act. That means that timelines under the Act are in place and now running. This includes timelines for the preservation and...
Consequences of Failing to Abide with Social Distancing during COVID-19: Exclusive Possession of the Home
As a result of the COVID-19 outbreak, a recent court decision made it clear that science does count in Ontario. There were significant consequences, when a property owner who occupied a residence was not abiding with social/physical distancing with respect...
