Tag: Oakville Lawyer

Human Rights Law Ontario

WHAT IS THE DIFFERENCE BETWEEN THE HUMAN RIGHTS TRIBUNAL VERSUS COURT?

Many people confuse the Ontario Human Rights Tribunal with court.

THE HUMAN RIGHTS TRIBUNAL IS A TRIBUNAL

This means its not court its an administrative body. Think of it like when you go to obtain your drivers license. The Ministry of Transportation tests your skills determines whether it compares to their standards and then if satisfied will render a decision. In this case a driver’s license.

IS THERE A JUDGE?

For the actual hearing there will be an adjudicator this is someone who will have the decision making powers similar to a judge. Ultimately, they will decide whether your case has merits or not.

WHY THE HUMAN TRIBUNAL VERSUS COURT?

Being an administrative body the Human Rights Tribunal’s establishment is based on a cost effective approach with a means to accessing justice in a timely manner. The process is less formal than a court. It is also meant to be less intimidating.

HOW DO I KNOW WHETHER I HAVE A HUMAN RIGHTS CASE?

The process in determining whether you have a human rights discrimination case versus an actual court case is something that lawyers assess. It’s important to ensure you consult with a lawyer when considering your legal options. The selection of the wrong forum could seriously jeopardize your claim.

I NEED A HUMAN RIGHTS LAWYER

If you need to speak with a lawyer call my office today.

I QUIT IS NOT ENOUGH

I QUIT IS NOT ENOUGH

There is no legal obligation on a departing employee to provide notice of their resignation. However, as a rule of thumb its practical and courteous to provide some type of notice. Particularly, if you are planning on using your former employer as a reference or on your resume.

RESIGNATION SHOULD BE CLEAR AND UNEQUIVOCAL

The resignation should be clear and unequivocal. Courts have stated that resignations given in the heat of the moment may not be satisfactory.

Also, simply saying the words I quit may not be upheld as a valid resignation.

Employers should be mindful of the following factors[1] that courts have considered in a wrongful resignation case:

  • The circumstances surrounding it
  • Was it expressed unambiguously
  • Was the resignation put into writing
  • Was it accepted verbally or in writing
  • Did the employee try to retract the resignation
  • Are there special circumstances that suggest employee under emotional duress
  • Has the employer already acted in reliance on the resignation

EXIT INTERVIEWS

Employers should consider exit interviews as a formality for when an employee resigns. This will strengthen an employers legal position in the event the employee decides to challenge their resignation.

 

[1] This information was reproduced from the Employment Law text book by Filsinger Chapter 12

CAN I BE FIRED FOR MY SOCIAL MEDIA PROFILE?

CAN I BE FIRED FOR MY SOCIAL MEDIA PROFILE?

The short answer is. Maybe. If your postings are deemed offensive.

The proliferation of social media and its users only continues to grow. The concept of people flocking to social media to disseminate their views, opinions and criticize is nothing new. This was part and parcel in the early days of the internet as well. However, the permeation of one’s blog was limited. That’s where social media changed everything. Where one’s message can be spread to many and rapidly.

If an employees on-line behaviour is viewed as inappropriate, offensive and there is the potential for harm to the reputation of the business the employer may take action.

PEOPLE FIRED FOR SOCIAL MEDIA

In 2015 Workopolis wrote on the issue citing a number situations where people were fired for their on-line posts.

In 2015 a Toronto teacher was fired for his anti-Muslim social media posts. In 2015 a Liberal candidate bowed out of an election based on her offensive Tweets. In 2017 an airline stewardess was fired for her posts about inappropriate passenger behavior. The stewardess had over a million users subscribed to social media accounts. In 2018 a teacher in Florida was fired for hosting a white national podcast.  In January 2018 a Canadian Rail Conductor was fired for posting “racy” photos of herself on social.  Journalists have also been disciplined and or fired based on their social media profile.

The list is endless and the phenomenon is growing.

 IS IT NOT FREE SPEECH?

Sure, it can likely be classified as free speech. Is this a court battle anyone wants to engage in? Not likely. The private life of an employee is certainly their time. However, without a doubt we also have to recognize that as an employee we are indirectly representatives of our employer. Our conduct may be measured and or judged. If an employer feels that your exercising of free speech is harmful they may take action.

WHAT CAN AN EMPLOYER DO ABOUT SOCIAL MEDIA?

An employer should ensure their employment contract specifically identifies social media and usage. Moreover, that specific clauses warn the employee of their obligations when using social media. Specifically:

  • Warning employees about the dangers of social media;
  • Notify them that they may be disciplined and or terminated for inappropriate social media usage;
  • They be specifically forbidden from discussing company foibles, gossip and confidential information;
  • That any interaction or posting of social media content that is deemed to harm the business can be disciplinary.

Separate and apart from the employment contract a prudent employer may want to have a document that only address the issue of social media. Today, many employers are opting for corporate polices . These policies today incorporate internet usage at work and material that is access by employees. As a result, it may be a good idea to also include social media clauses.

On discovery the issue employers should take immediate action to address the issue.

WHAT IS CONSIDERED OFFENSIVE SOCIAL MEDIA CONTENT?

It’s tricky to determine what is considered to be an offensive or inappropriate social media posting? Airing employer grievances at the water cooler or local pub with colleagues, family and friends is a favorite North American pastime. However, all this changed with the emergence of social media. One must be prudent and careful when posting material on-line. Granted this is difficult since the topic of sound judgement can often be considered subjective.

In any event, the onus should be on employers to ensure they have properly instructed their employees on the usage of social media.

 

EMPLOYMENT LAWYER NEAR ME IN BURLINGTON? 

Are you looking for an Employment lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901

Tips for your home closing date

PURCHASING A HOME?

CONSIDER THE FOLLOWING TIPS FOR YOUR CLOSING DATE

Whether its their first home or not as a real estate lawyer I love handing the keys to people for their new property. It’s a great feeling of excitement for the client and even me!

When deciding on a closing date for the purchase of a home you should consider the following:

NOT TOO FAR AND NOT TO CLOSE

Absent, any issues of urgency you should ensure your closing date isn’t many months away from when you signed the agreement of purchase and sale. These days with the costs of homes dropping due to a volatile market people are even finding that their home’s value dropped from when they first moved in. Also, many months in between may cause for some buyers or even the sellers to consider backing out.

Even more important, ensure your closing date isn’t very soon after you signed the agreement. You need time to ensure you will be able to arrange financing. You will need time to retain a home inspector. Your real estate lawyer will also require time. Finally, you will have a great deal to do, so give yourself the breathing room.

PICK A SUITABLE MONTH

This is discretionary but its good to pick a month where the weather is stable. For example, it’s hard moving boxes, trucks and driving in the middle of January due to the weather. Not to mention its just not fun. Realtors and real estate lawyers generally experience their busy months in the spring leading up to the fall.

Also, try not to pick a month where there may be extended Holidays. For example, home closings on or around or after the Christmas season can at times become problematic as many people are away on vacation.

Also, depending on how far you may have to travel to your new place you may want to factor in what day of the month is best. For example, do you really want to be sitting in traffic during rush hour traffic trying to make it to the lawyer’s office to pick up your keys to the new home?

MONEY

Ensure your closing date for your purchase factors into account all the money you may require. You will have already provided a deposit. Now don’t forget there will be Land Transfer Tax and legal fees. There are also additional factors that could arise. For example, some lenders may require that you pay down certain debt prior to providing you funding. Other lenders may stall funding until you finalize certain conditions.

I am a real estate lawyer in Burlington if you have any questions or concerns feel free to contact me.

 

IS THERE A REAL ESTATE LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

BURLINGTON REAL ESTATE TRENDS 

BURLINGTON REAL ESTATE TRENDS 

My previous summary of the Burlington Real Estate market can be found here Burlington Real Estate Trends.

In that post I remained optimistic. I still remain optimistic despite this February 2018 article in the Globe entitled, January real estate numbers in Hamilton, Burlington feel the chill.

The article reported as follows:

660 sales were processed through the RAHB Multiple Listing Service® (MLS®) System in January, 27.2 per cent fewer than the same month last year and 12.5 per cent lower than the 10-year average for the month.  

Similarly, the Realtors Association of Burlington and Hamilton reported for the month of February 2018:

“February’s real estate market experienced a significant slowdown, and that’s compared not just to last year, but to the last 10 to 15 years as well,”

As a real estate lawyer in Burlington and Oakville I can say I have seen a dip in the number of people buying and selling. However, with Spring approaching I continue to remain optimistic.

If you have any other questions about the real estate closing process feel free to give me a call.

IS THERE A REAL ESTATE LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Bad On-Line Reviews

SOMEONE LEFT A BAD ON-LINE REVIEW ABOUT ME

People are quick to jump to social media to start trashing a business or service provider. My own business clients will frequently call me and complain that some random customer has left a defamatory and salacious comment in their customer feedback section and now they want to sue that individual.

In the alternative, some clients will mention how they will use on-line tools to vent their frustration towards a particular business owner.

Typically, in my opinion its never worth it to pursue either. Recently, a very interesting case was discussed in the Toronto Star where a wedding photographer was awarded $100,000 against a former customer who left very negative and defamatory on-line comments. I suspect there will be more cases like this in the future.

This case should serve as a cautionary tale. Customers who feel they have been wronged should be very careful about what they write on-line. Moreover, they should be prepared to back up their comments and any potential civil action that may arise therein.

For business owners they should be aware that customers will use social media to criticize their business. This doesn’t mean the business owner should always be trembling in fear. A business owner should gauge whether the comments are actually harming their business reputation. More importantly for business owners who offer on-line public customer feedback, they should be prepared that some may decide to abuse the process.

LAWYER IN BURLINGTON 

Call me I am a lawyer in Burlington servicing Oakville as well.

 

 

 

How to prepare to meet your lawyer

MEETING YOUR LAWYER

It’s important to know what to expect when preparing to meet with your lawyer for the first time. Below are some handy tips to keep in mind when meeting with a lawyer. Regardless, of whether it’s a criminal lawyer, real estate lawyer or a personal injury lawyer.

IS THE LEGAL CONSULTATION FREE?

When scheduling a legal consultation find out whether the initial legal consultation is free or not. If its not free determine the cost and method of payment.

WHAT DOCUMENTS SHOULD I BRING TO THE LAWYER?

Generally, it’s a good idea to bring all relevant documents to the meeting. At my law office I usually ask if possible to scan and email all the documents. That way, I can take a quick look at the documents prior to the meeting. It also saves time in waiting for me to make copies.

PHOTO ID

Every lawyer in Ontario must verify identify. This is a legal requirement for lawyers. In doing so, many will make a photocopy of the drivers license. The photocopy will be kept on file it will not be disclosed to anyone nor can be used for any nefarious purpose. Therefore, no need to be concerned about privacy.

CAN I BRING A FRIEND TO THE LAWYERS OFFICE?

You can, but it really depends upon the lawyer whether they want the actual friend in the consultation. In most situations, private matters will be discussed and you may not want your friend knowing everything. Do you want your friend to know about your finances? Do you want your friend to know if you have ever been charged with a criminal offence?

Many lawyers may request that the accompanying friend sign a waiver of confidentiality, provide their basic details such as, name and address. Also, many lawyers may also request the friend sign a waiver acknowledging they understand the lawyer is only providing advice to the other party.

WHAT HAPPENS DURING THE MEETING

Remember, you lived it, it’s your story. Whether it’s a bad divorce or a criminal charge the lawyer wasn’t there. Many lawyers may start with, “so start from the top” some may begin the interview with asking questions based on documents. An experienced lawyer can generally figure out most matters within a few minutes. From there the lawyer may provide general advice or suggestions on how to deal with the matter.

Keep in mind most lawyers for most matters will schedule about an hour. If it takes you a long time to figure out the story or you are a chatter box, you may be end up going over the hour. Like any other professional it may be that the lawyer has another scheduled meeting for the next hour. Therefore, when discussing your matter with the lawyer ensure you have your version of events. That you have a basic idea for dates, times and location of events. It’s not a guessing game, just a good idea. The better the lawyer knows your story, the better he or she can prepare to present your case.

THE LAWYER WAS MEAN TO ME

Yes, its true the lawyer you are meeting could come across as asking you many questions. They may question your version of events. They may even make you feel as though you aren’t telling the truth. For the most part, a good lawyer may be doing this to really test your story. A good lawyer will also advise, that they are doing this only for the purposes of testing your story. Not to make you feel terrible about what’s happening.

You can bet when it comes to a personal injury matter the lawyer will ask you a number of questions and at times quite detailed.

Don’t take any of this personally. In most cases, this is done only to ensure

HOW MUCH WILL THE LAWYER CHARGE?

Here’s the big one. How much will the lawyer charge. Ensure you are clear on the terms. Ask the lawyer if you don’t understand the terms. Be clear on what your obligations are. If you can’t afford the immediate financial retainer ask the lawyer if there are options.

MORE TIPS FOR MEETING YOUR LAWYER

You can also check out some of my other articles about working with a lawyer.

Working With A Lawyer

Working With A Lawyer Part 2

How do I find a lawyer?

Trying to find a good lawyer?

 

LAWYER NEAR ME?

If you are looking for a local Burlington lawyer call my office.

 

BURLINGTON LAWYER

Do you need a civil litigation lawyer? Call my office.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

What is an Agreement of Purchase and Sale?

PAGE 2 OF THE AGREEMENT AND PURCHASE OF SALE

Most folks looking for a real estate lawyer near them will often ask, what is an agreement of purchase and sale? I blogged about this in my previous post entitled, what is an agreement of purchase and sale and I focused on page one of the agreement.

In this post we will talk about page 2.

CHATTELS INCLUDED

A chattel is movable personal property. For example, a chair.

FIXTURES EXCLUDED

A fixture is something that is attached, affixed “stuck on”. For example, the island in the kitchen.

Now, over the years courts have had to step in to determine the difference between the two. However, that’s not a discussion I will be having here.

When drafting the Agreement of Purchase and Sale parties, should clearly identify what will be included and what will be excluded. It is commonly held, that chattels that are movable property will be taken by the seller. However, also keep in mind that when the purchaser came to view the property, perhaps they noticed nice new kitchen appliances. Perhaps, the buyer just assumes they will come with the home. Unbeknownst, to the buyer that the seller recently purchased the kitchen appliances with the intention to take them.

Parties should be cautious, especially the buyer when dealing with the hustle and bustle of open houses, quick in and outs from various homes over weeks and sometimes months.

RENTAL ITEMS: This stipulates there is equipment that is rented and that the buyer will assume the rental contract. For example, a water heater.

HST Is the Harmonized Sales Tax payable. Generally, on the resale of a home it will not. It will be payable on the purchase of a new home. However, a claim can be made for a rebate. One should also keep in mind that

If tax is payable its important to clarify the purchase price.

TITLE SEARCH:

The buyer’s real estate lawyer will perform a Title Search to ensure that the property does not have any title defects, existing liens, existing work orders and that there will not be any issue obtaining insurance. You can click here to learn more about what is a title search?

Generally, the buyers lawyer should be provided with enough time to ensure that title is free and or to report any title defects. This time period is referred to as the Requisition Date. It’s important to ensure that if the Agreement of Purchase and Sale has conditions such, as conditional on financing that there is sufficient time.

In the event there is no Requisition Date, then according to Ontario law, there will be a 30 day period from the date of the contract.

FUTURE USE:

In the event the buyer is thinking about doing something different with the property. For example, turning it into an office. This clause protects the seller, basically that they have no issue with whatever it is the buyer is planning on doing with the property. However, it is important that the buyers lawyer look into whether or not the property can be used for that purpose. For example, if the buyer is thinking of turning the home into an office do local zoning laws permit it? In that situation, there should be conditional clauses in the agreement of purchase and sale.

TITLE:

The seller has the obligation to provide the property to the buyer with good title. In other free from any types of liens, claims or mortgages on the property. For example, often people looking to sell their home, get a sudden call from their real estate lawyer advising them that there is a something on title. At times, this could have been a court order from a lawsuit they may have been involved in. The seller’s then must move quickly to remove this from title.

However, certain exemptions exist such as municipality zoning and or by-laws. Also, for the purposes of utility companies.

CLOSING ARRANGEMENTS:

This is a clause pertaining to the lawyers use of electronic document transferring. Lawyers are bound to hold all items from one another in trust until the electronic document transference has been adequately satisfied. In other words, the sellers lawyer on receiving funds from the buyers lawyer will hold the funds in trust. Until, such time as the electronic transference has been completed.

DOCUMENTS AND DISCHARGE

This provision states, that the seller does not have to provide anything else they don’t have. Also, that the sellers lawyer will undertake (promise) to discharge (pay off) any existing mortgages on the property and provide proof of same. Thus, permitting the buyers lawyer to register the new mortgage after the closing within a reasonable period of time.

IS THERE A REAL ESTATE LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

I need a Real Estate Lawyer – Agreement of Purchase and Sale

AGREEMENT OF PURCHASE AND SALE

PART 1

The Agreement of Purchase and Sale is the legally binding contract that parties in Ontario use when buying or selling their home.

As a real estate lawyer I often receive calls from people prior to or during the negotiation and or finalizing phase. While I am happy to chat with prospective clients I always advise that they speak with their realtor. The reason being, your realtor is there to help you, he or she is sitting at the bargaining table with you and is aware of your immediate needs. Whereas, as lawyers we tend to just get the final documents.

The Agreement of Purchase and Sale has standard terms that pretty much apply to all real estate transactions in Ontario with subtle differences.

Even though, it seems to be a daunting document. It’s a good idea to review it. After all, this is the most important purchase or sale of your life. The Agreement of Purchase and Sale is also referred to as the Form100.

Over the next series of blog posts. I will attempt to breakdown the various clauses and provisions of the Agreement.

Page 1 of the Agreement and Purchase and Sale

If you freak out at the possibility of looking at a contract because of all the legal jargon, a purchaser and or seller should at minimum review page 1 to put them at ease. This first page consists of:

  • Buyer: Who is buying the property?
  • Seller: Who is selling the property?
  • Real Property: The description of the property.
  • Purchase Price: What is the agreed upon price.
  • Deposit: Buyer will provide a deposit within 24 hours that will be held in trust
  • Schedule A: This can be used for a variety of purposes to attach special conditions or statements. For example, the buyer may stipulate that the offer is contingent on financing. Both parties may agree to extend the date for closing on notice.
  • Irrevocability: This is an offer and it will expire on….
  • Notices: This clause identifies and appoints the parties respective realtors/brokerages and whether or not the parties are using the same brokerage for the purposes of giving any official notices.

For many real estate clients this provides peace of mind knowing they can contact me.

IS THERE A REAL ESTATE LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Burlington Real Estate Lawyer

REAL ESTATE NEWS 

The Ontario Real Estate Association released the following press release for March 23, 2017:

Ontario Realtors are one step closer to being able to form personal real estate corporations (PRECs) under Bill 104, the Tax Fairness for Realtors Act, 2017. The Bill passed second reading today, which means it is moving onto the final stage of debate before a final vote determines if it becomes law. The Ontario Real Estate Association (OREA) launched a campaign earlier this month encouraging MPPs to support the Tax Fairness for Realtors Act via its website RealtorTaxFairness.ca.

Click here to read more.

 

If you’re looking to hire a real estate lawyer in Burlington please give my office a call. Also, I provide real estate law services in Oakville as well.

For many real estate clients this provides peace of mind knowing they can contact me.

IS THERE A REAL ESTATE LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211