Lerners LLP

Let's call it what it really is

I have had my fill of the current, constant references to what is euphemistically described as “bullying”. Isn’t it about time that we called it what it really is and dealt with the conduct in an appropriate manner? “Bullying”…more

| Criminal Law

The S.E.C. v. D & T Shanghai

The global accounting firms have been swept up in the accounting scandals that have plagued many Chinese firms listed on American stock exchanges…more

| Finance & Banking, Business Torts, International Law & Trade, Securities...

Who is a Tenant and Who is a Landlord?

We are sometimes approached by clients to determine whether they fall under the Residential Tenancies Act as either a landlord or a tenant. The Act covers most rental units, but some exceptions do apply. Lerners LLP is skilled…more

| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Real...

Go Directly to Jail - Directors & Unpaid Wages

The liability of officers and directors of corporations for unpaid wages to employees is not a new concept. The Employment Standards Act, 2000 (ESA) in Ontario also provides for fines that can certainly drive the intended…more

| Business Organizations, Civil Remedies, Criminal Law, Labor & Employment...

Are You Renovating? Then Hold Back 10% of Construction Invoices!

If you are renovating your existing property, it is important to understand your obligations under the Construction Lien Act. This legislation creates a “pyramid”, with the home-owner at the top. The renovator takes the next…more

| Commercial Law & Contracts, Construction Law, Real Estate - Residential

Update: Letters Rogatory

As I recently posted, the Ontario court will give procedural assistance to foreign courts, allowing foreign litigants to examine witnesses and collect evidence in Ontario by enforcing "letters of request" from foreign courts…more

| Civil Procedure, International Law & Trade

Subletting & Assigning Rental Property

Did you know that as a tenant, you are not able to simply walk away from your lease? There are protections in place for both the tenant and the landlord under the Residential Tenancies Act, which means you may end up owing…more

| Commercial Law & Contracts, Real Estate - Residential, Real Estate -...

Buyers Beware When Purchasing a Home

When purchasing a home, the purchaser should be aware that the doctrine of “Caveat Emptor” or “let the buyer beware” generally applies to the sale of a property. The purchaser has an obligation to inspect the property and to…more

| Commercial Law & Contracts, Real Estate - Residential

HST: Issues for New Home Builders

If you are a new home builder or if you “substantially renovate” client’s homes, you should be aware of the GST/HST New Housing Rebate which may be available to the home owner. This program provides a rebate on part of the GST…more

| Construction Law, Real Estate - Residential

Eviction for Landlord's Own Use/Purchaser's Use

Under sections 48 and 49 of the Residential Tenancies Act, a landlord may terminate a residential tenancy if the landlord, or a purchaser, in good faith requires possession of the rental unit for the purpose of residential…more

| Commercial Law & Contracts, Real Estate - Residential

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