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Lerners LLP

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

Effective Use of Experts

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence is…more

| Civil Procedure, Personal Injury, Professional Malpractice

Enforcing US Arbitral Awards in Ontario

Every common law province except Ontario has passed legislation implementing the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Ontario instead adopted the United Nations’ Model Law on…more

| Alternative Dispute Resolution (ADR), International Law & Trade

Preparing for Mediation: Where the Real Advocacy Begins

The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire litigation process where…more

| Alternative Dispute Resolution (ADR), Civil Remedies, Personal Injury

Battle of the Forms: An overview regarding authorizations to conduct...

Medical or other expert assessments of claimants are routine, in both the tort and AB context. This paper provides a brief overview of the framework within which such assessments take place, including the issue of whether an…more

| Civil Procedure, Commercial Law & Contracts, Personal Injury

Norwich Order against OPP in car accident case upheld on appeal

On March 11, 2013, the Ontario Court of Appeal released its decision in Muller v. Bluewater Recycling. The decision under appeal had been successfully argued by Alfonso Campos Reales, personal injury lawyer from Lerners. The…more

| Civil Procedure, Personal Injury

Should the robes go?

As the current trend to self-representation increases, regardless the reason, one must ask if the tradition of lawyers appearing before Courts, above the Ontario Court of Justice, ought to continue the traditional legal wearing…more

| Civil Procedure

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