Lerners LLP

P.O. Box 2335
London, ON N6A 4G4, Canada

Contact: Donna Lindquist

  • 519.672.4510
  • 519.932.3291

Contracts: From Illiteracy to Uncertainty Can You Be Certain About The Meaning of Contract?

Knowing what you have promised is important in business. The financial consequences of contracts can be beneficial or dire. Lawyers have long advised to "get it in writing" as without a written contract there is too much…more
| Commercial Law & Contracts

Limitation Periods and Non-Earner Benefits - the Latest Comments by the Court of Appeal

The Court of Appeal's recent decision in Sagan v. Dominion [2014 ONCA 720] confirmed that the submission of Disability Certificates are not required to trigger the commencement of a limitation period…more
| Civil Procedure, Personal Injury

Ghomeshi-gate: A Harassment Policy May Not Be Enough

On October 26, 2014, Jian Ghomeshi was fired from his position as a radio host with the CBC. The CBC alleges that, based on available evidence, it determined that Mr. Ghomeshi's conduct was a fundamental breach of the CBC's…more
| Civil Rights, Communications & Media Law, Labor & Employment Law, Personal Injury

Rent Control in Ontario

You’ve survived several months in your rental unit and have managed to transform your rental unit into a home. You’re probably wondering about the amount of rent you’ll have to pay if you remain living there. You have no clue…more
| Commercial Law & Contracts, Real Estate - Residential

Can Relatives Challenge Their Allotment Under My Will?

I made a valid will setting out how I want my estate distributed upon my death. Can someone claim more? Perhaps. If you have dependents to whom you provided support immediately before you die, or to whom you were legally…more
| Wills, Trusts, & Estate Planning

Mediation - Settler's Remorse

It is not unusual for one of the parties to a mediated settlement to change their mind a few days or even weeks after a settlement has been negotiated at mediation. This situation is known as “settler’s remorse”…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Personal Injury

Haunted Houses and the Law: The Requirement of a Home Owner to Disclose Hauntings Prior to a Sale

The initial euphoria of buying a property can be quickly deflated by the finding of a serious defect after you move in. Surprises with the condition of a property are, unfortunately, not that uncommon. Depending on the severity…more
| Commercial Law & Contracts, Real Estate - Residential, Real Estate - Commercial

The Expansive Definition of "Accident" under the SABS

A recent decision by the Financial Services Commission of Ontario further widens the net of what is considered an “accident” for the purposes of the Statutory Accident Benefits Schedule ("SABS")…more
| Personal Injury

"Trust" It or Lose it: Future Collateral Benefits in Motor Vehicle Accident Jury Trials

A staple of every well written Statement of Defence includes the plea for entitlement to the benefits of all insurances provided pursuant to section 267 of the Insurance Act. Where a Plaintiff receives payments for collateral…more
| Civil Procedure, Civil Remedies, Personal Injury, Insurance

Are Canada's No Cost Class Action Jurisdictions Moving to a Pre-Certification Cost Regime?

While Ontario continues its review of its Class Proceedings legislation, including its rules in respect to awarding costs, the case law in Canada’s so called “no cost” class action jurisdictions continues to develop…more
| Civil Procedure, Civil Remedies

Examinations Under Oath - Does Privilege Attach to the Transcript?

In Fitzpatrick v. Wang [2014 ONSC 4251], the underinsured carrier moved to obtain a copy of a transcript from an Examination Under Oath of a tort Defendant. On November 20, 2009, Chang Wang was involved in a motor vehicle…more
| Civil Procedure, Personal Injury, Insurance

Sex in the Workplace Is Not Always Cause for Dismissal

It may be surprising to some, but sex in the workplace is not always sufficient cause for dismissal. In a Federal Court of Appeal decision (Payne v. Bank of Montreal, 2013 FCA 33), an employee’s dismissal for sex in the…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Related Employers: Who Does the Labour Board Say is a Related Employer?

On April 15, 2013, the Ontario Labour Relations Board released a decision which should be of interest to employers as it considered whether to find that two employers were “related” over the objections of both employers…more
| Education, Labor & Employment Law, Mergers & Acquisitions

Punitive Damages, and Insurer Conduct – The Court of Appeal Upholds a $200,000.00 Award

In Fernandes v. Penncorp Life Insurance Company, [2014 ONCA 615], the Court of Appeal upheld the Trial Judge’s decision awarding $200,000.00 in punitive damages. The Court of Appeal did, however, reduce the damages for mental…more
| Civil Procedure, Civil Remedies, Insurance

Can I Paint My House Bright Pink?

Long before municipal zoning by-laws existed, restrictive covenants were used as an effective community planning tool. If Susan owned a large parcel of land and sold a piece to Jason, Susan may have required that Jason promise…more
| Commercial Law & Contracts, Zoning, Planning & Land Use, Real Estate - Residential
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Family Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
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  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Number of Attorneys

100+ Attorneys

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