Northern Law LLP is frequently retained in complex shareholder disputes. This article explains the legal framework governing oppression claims under the Ontario Business Corporations Act, supported by leading authorities and practical considerations. A. Overview of the Oppression Remedy Section 248 of the Ontario Business Corporations Act (“OBCA”) provides the court …
From Leaks to Legal Fees: How Basement Water Issues Can Drown You in Trouble
Water intrusion in a basement is a common issue that affects thousands of properties across Ontario. If not detected in a timely manner, it can cause significant property damage and lead to costly legal disputes. Specifically, during spring, properties experience an increase in occurrences of basement water infiltration. Therefore, it …
Fear Thy Neighbour: Examining the Tort of Intrusion upon Seclusion
Having difficult neighbours can make living even in a mansion unbearable. Common neighbour disputes revolve around issues like trespassing and nuisance. These issues are clear and actionable and the remedies for them typically address visible or tangible harm. However, courts in Ontario have recognized a distinct legal remedy that does …
Understanding Personal Injury Claims: A Step-by-step Guide
If you have been injured by the wrongdoing or negligence of someone else, you may have grounds to bring a personal injury claim. Common cases involve, but are not limited to: ● Motor vehicle accidents;● Premises liability (including slip and fall accidents);● Medical malpractice;● Wrongful death;● Product liability; and● Intentional …
Winter Hazards: Navigating Snow and Ice in Personal Injury Claims
‘Tis the season for snow blowers and de-icing agents in Northern Ontario. Slip and fall accidents on snow and ice are all too familiar for Ontario residents. If you have been injured due to the negligent maintenance of snow and or ice on private or public property, you may be …
A Guide to Understanding Constructive Dismissal in Ontario
What is Constructive Dismissal?Employers do not always fire employees directly. Rather, they sometimes make significant changes to the terms of an employment contract or create a work environment so toxic or hostile that an employee is compelled to resign. This may constitute constructive dismissal. Not all changes to employment amount …
Placing Cautions on Title: Proceed with Caution
In many situations, you might want to alert others that you have a stake in a property, even if you’re not the registered owner. This can be accomplished by registering a Caution on title. A Caution alerts others that the property may have a legal claim against it, which could …