The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes

In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only exception is where the opposing party can prove that such an application amounts to malicious, vexatious, or …

Canadian B Visitors to the U.S.: What Does Registration Mean for You?

On March 12, the U.S. Department of Homeland Security (DHS) published its proposed new registration Interim Final Regulation (IFR).[1]  It becomes effective on April 11, 2025. The IFR outlines the existing long-term regulations that provide that it is a legal requirement for all unregistered foreign nationals (or previously registered foreign nationals who turn 14 years …

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple enough, and oftentimes, it is. However, a few recent decisions from the Ontario Court of …

Support for Temporary Employment Agencies: WSIA Changes Ahead

Temporary Employment Agencies (TEAs) should become familiar with a change to the Workplace Safety and Insurance Act, 1997 (“WSIA”)[1], which creates a new classification, 001281, added to Class L. Traditionally, for premium setting with the Workplace Safety and Insurance Board (WSIB) under the WSIA, TEAs report and pay premiums for labour provided based on their …

Court of Appeal Decides Fate of “Crypto King” $500,000 Deposit

In 2021, the self-proclaimed “Crypto King,” along with an associate, paid a $500,000 deposit to purchase a commercial real estate property to store their exotic car collection. The “Crypto King,” Aiden Pleterski, had received more than $40 million from investors who thought they were investing in cryptocurrency. The investors had never authorized Mr. Pleterski to …

When Property Managers Change Jobs: Who Keeps the Client?

In the property management industry, where everything is deeply competitive, a critical question is whether or not a property manager is entitled to switch from one property management company to another and, at the same time, continue servicing the same condominium building with the property manager’s new employer. For example, suppose John is a property …

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the terms of a lease. A recent Ontario decision, Parkland Corporation v. Caledon Fuels Inc.[1], confirms the risk …

Delaware Corporate Law to Follow Canadian Corporate Law

Corporate lawyers in Canada tend to follow decisions of the Delaware Courts involving corporate governance and shareholder matters, as decisions of the Delaware Courts are often a bellwether as to how certain aspects of corporate law may evolve in Canada, or at least be considered. The recent Decision of the Delaware Court of Chancery, West …

Are You Getting Bang for Your Buck with Canadian Trademarks?

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations. Similar fee increases have also been implemented for opposition and non-use cancellation proceedings, among other transactions. With …