24 April

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Construction Law In Ontario – Construction lawyer

in Business Law, Employment Law, Litigation

Given that the construction industry is leading the Canadian economy, special considerations must be made with respect to construction contracts. Construction contracts govern the legal obligations and rights between contractors. There are standard forms of contracts that can be found with the Canadian Construction Documents Committee (the "CCDC"). The CCDC provides contract forms for a variety of construction projects. The Royal Architectural Institute of Canada (the "RAIC") also provides some forms, which we have discussed in an earlier published article in our blog. The Canadian Construction Association (the "CCA") also provides a variety of standard forms. The three levels...

17 February

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You can claim civil damages for torts, harm and loss between spouses in Ontario family law.

Posted by Rana Charif

in Family Law, Litigation

Introduction: Requesting Compensation for Spousal Harm More often than not, divorcing spouses tend to inflict harm on each other in one way or another. When a spouse especially chooses to divorce due to cruelty, as a family lawyer, I often receive questions from clients such as "can I be compensated for all the economic, physical or emotional harm that I suffered?". Although it seems that divorce lawyers and family lawyers give contradictory answers in Ontario, my legal research points to the brief answer of: yes, it is possible. Intersecting practice areas is nothing new to family law. Domestic violence for example...

25 October

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Family Law Contracts (Domestic Contracts) Explained In a Nutshell

Posted by Rana Charif

in Family Law, Litigation

Family Law Firm, arabic speaking family lawyer in mississauga

In Family Law, the courts recognize and consider valid only a few domestic contracts if formed in a specific way as governed by the Law, which in our case, for Ontario, would be the Family Law Act, RSO 1990, c F3. The Family Law Act (the "FLA") governs everything from marriage contracts, to separations, decision-making responsibilities, parenting time or access, child support, spousal support, all division of property all the way to family arbitrations. Domestic contracts are the main way to protect a couple's assets upon separation. Family Law contracts, also called Domestic Contracts as governed by Part 4...

25 October

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What happens when an employment contract gives less than ESA minimums and violates the Law?

Posted by Rana Charif

in Business Law, Employment Law, Litigation

When an employment is terminated, employees should be given a notice period that should follow guidelines in the Employment Standards Act of Ontario, or payment in lieu of notice that would be the equivalent of what would be paid under the notice period. Notice periods vary and they may be found in Part 15 of the Act. Under section 60 of that Act, the employer is mandated to continue paying the employee their normal wage rate as well as making any other benefit contributions until the end of the notice period. In other words, the terms or conditions of the...

13 October

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Can Ontario Courts force the sale of a matrimonial home without a spouse’s consent?

Posted by Rana Charif

in Family Law, Litigation

When spouses separate, a major source of conflict is the matrimonial home. Separated spouses commonly disagree on what to do with the matrimonial home upon separation. Most of the time, one spouse wishes to continue residing in it whereas the other prefers to sell it. What determines the result in cases like these varies depending on who owns the home, the reason behind the conflict that caused the separation, the reason behind the refusal of the sale, financial means...

22 July

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Remedies for Breach of Contract

Posted by Rana Charif

in Business Law, Litigation

To avoid contract disputes and the domino effect of a badly written contract, it is important to hire an experienced and detail-oriented contract lawyer to professionally draft your contracts. That would be the best preventative measure to ensure that you are legally protected years ahead. However, if there has been a breach of contract, this is what you need to know. Broadly speaking, the remedies for breach of contract are threefold. Monetary Awards A monetary award in Canadian dollars or damages is the standard remedy for breach of contract. When calculating this award, the importance lies in considering the recognizable heads of...

21 May

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The Fixed-Fee Makes You Feel Better… But Is It Doing Your Pocket Some Good?

Posted by Rana Charif

in Law Practice, Litigation

Many of us, including myself, hear lawyers and businesses claim things like "I would never charge an hourly rate" as if to imply that the hourly rate model is a cruel, terrible and horrifying way of charging. Is it really so, however? In this article, I will be explaining why you are basically falsely buying into the illusion of security and "transparency" when charged a flat rate in advance. What is it that makes the hourly-rate model, specifically for legal services, so frightening and upsetting that it would make some professionals think that throwing a flat rate on legal work...

01 May

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Chances A Previous Employer Would Sue you for Competition?

Posted by Rana Charif

in Business Law, Employment Law, Litigation

If you are worried about an employer potentially suing for competing against them, this 3 minute video is for you. https://www.youtube.com/watch?v=Wp5bXJbVXZE ...

30 April

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Are Non-Competition Agreements Valid in Employment cases?

Posted by Rana Charif

in Business Law, Employment Law, Litigation

https://www.youtube.com/watch?v=gTXRwKm8a5I ...

06 April

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Does a valid Contract have to be in writing?

Posted by Rana Charif

in Business Law, Employment Law, Litigation

The simple answer is: no. A contract is an agreement. It is legally defined as a "meeting of the minds". If you can prove that there is a meeting of the minds, you have proof of a contract. A meeting of the minds is when two parties agree to the same basic elements. Those elements are: Making an offer and accepting that same offer. The offer must be specific enough so as to discern what exactly is being offered, when, and for what value in exchange (point number 2 below) ; An exchange of value that is agreed upon (e.g. services, money, goods...