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In this ever-digitized world, it is not uncommon to do business via text or email, and the courts have recently been asked to determine when legally binding contracts can be formed utilizing these modes of communication. It has certainly long been established that there does...
Expropriation, in its simplest form, is the taking of privately owned land by a government body for public purposes. Expropriation often occurs when extensive infrastructure projects need to be completed, such as building roads or schools in areas where land has already been developed and...
Have you ever started a new job and been provided with a contract or agreement on your first day that your new employer expects you to sign? If so, you may be wondering: What is this agreement? Are there any benefits or consequences to signing...
https://youtu.be/75e2thQ2Uww Since the covid-19 vaccine became available to the public in Ontario, many businesses have implemented different policies requiring employees to get the vaccine. There are some instances where employees have sought exemptions to these policies. It is important for both employers and employees to know...
My firm, P Miller Legal Services APC, will be rebranding as Impact Advocates later this year, and we hope to obtain our B Corp Certification around then as well. We focus on working with B Corps and other social impact companies that need effective counsel...
Who is the Senate? Did I vote these people in? What role do they play in making my laws? These are questions often asked by those who are even politically involved enough to know that we have a Senate in Ottawa. This blog will look...
Over several decades, mediation has proved to be a viable alternative to the traditional litigation process. Mediation offers a variety of benefits to parties involved in legal disputes. These benefits unequivocally ameliorate the situations parties find themselves in when pursuing a legal matter. The mediation...
Becoming a carbon neutral company has been on of our top priorities since becoming a B Corporation in August 2019. Our Green and B Corp Committees worked with the incredible team at Carbonzero to bring our dream to life! In September 2021, Barriston achieved Carbon...
NEWS RELEASE ROYAL VICTORIA REGIONAL HEALTH CENTRE Barriston Law, one of Simcoe-Muskoka’s most recognized and trusted legal firms, has announced a generous $200,000 donation to Royal Victoria Regional Health Centre. This is Barriston’s largest gift to RVH and will support the advancement of patient care in the...
We are so proud of some of the changes our firm has made since becoming B Corp certified! Here are just 5 of the many things we have done. ...
Bill 27, Working for Workers Act, 2021 will be effective June 2, 2022. The two most significant changes to the ESA are the “right to disconnect” and the prohibition against non-competition clauses in employment agreements....
Many employers are considering if they are within their legal rights to implement mandatory vaccine policies, while unvaccinated employees wonder what potential repercussions they may face. ...
An opinion piece written by Tom Dart, Partner at Barriston Law, about his experience with the Family Law Court System....
A cohabitation agreement is a type of domestic contract that you and your common law partner can make that sets out how you will handle a variety of issues during and/or at the end of your relationship....
Joanne McPhail, Managing Partner at Barriston Law, and Amee Sandhu, Founder and Principal Attorney at Lex Integra PC, teamed up with the Sandbox Centre to deliver a discussion surrounding the importance of corporate ethics, and why businesses should care. In the below video, learn more about how...
Bill 245, which received royal assent last month, includes changes within the acts governing wills, powers of attorney and intestacy. ...
Courts have taken a broad approach in considering the factors relevant to determining whether parties were in a common-law relationship....
When contemplating what to include in your Will, your children are likely to be your primary concern. There are some important considerations to protect your next of kin...
On January 15, 2021, the Ontario Court of Appeal released its decision granting security for judgement for the first time by a court in Ontario. ...
In January 2021 the Ontario Government increased COVID-19 restrictions. This article discusses how the most recent COVID-19 updates impact employment law. ...
Tom Dart, Partner at Barriston Law, will be teaching in the National Family Law Arbitration Course taking place via zoom in February and March. This 40-hour interactive course offers a comprehensive introduction to the arbitration of family law disputes in Canada, and includes optional six-hour pre-course...
The Law Commission of Ontario makes 39 recommendations to reform Ontario’s defamation laws to promote access to justice. ...
A recent Court of Appeal decision has clarified how to determine income for child support purposes in a situation where the support payor owns a corporation....
Constructive dismissal occurs when an employer unilaterally makes a substantial change to the terms of an employment agreement or demonstrates an intention to no longer be bound by the terms of the employment agreement. ...
You can become a spouse even if you do not live under the same roof, if you want to have a relationship without getting married, it is probably best to have a written agreement in place....
Personal Incorporation: Real Estate Agents can now form Personal Real Estate Corporations (“PRECs”) – What does this mean for real estate agents?...
What happens if seperated parents disagree on whether a child should attend school in person or via an online education program from home?...
On Thursday August 20th our Co-Managing Partner, Jim McIntosh, attended the Oro Station Automotive Innovation Park groundbreaking ceremony. ...
How can we alleviate the fear about how rapid change might damage us? And how can we channel such change effectively for the common good?...
In a recent case, the court used a new extension on the Supreme Court’s principles to determine ownership of a joint account. ...
When buying a home, signing the agreement to purchase is only one of many daunting tasks involved in the transaction....
A question many people ask is whether there is a duty on a Vendor to disclose that a prior tragedy, crime or ‘event’ took place in a property that is for sale....
Bill 197 allows for the continuation of electronic Municipal meetings and added proxy voting since the state of emergency ended on July 24th....
Ontario has begun moving certain public health regions into Stage 3 of its Framework for Reopening, meaning many businesses can now open their doors. ...
With pet adoptions increasing, there are many new dog owners who may not be aware of their responsibilities when enjoying the outdoors with their pets....
The federal and provincial governments recently announced an initative intended to provide some relief to small business tenants and their landlords....
First-time homebuyers may be eligible for a refund of all or part of the Land Transfer Tax you pay when buying land or an interest in land in Ontario. ...
A recent decision made by the Ontario Court of Appeal can effect the enforceability of termination clauses in employment agreements....
New legislation highlights importance of applying for CECRA ...
The provincial government is considering granting some degree of immunity from civil law suits related to the COVID-19 virus. ...
Ontario’s move to allow social circles is an opportunity for separated parents to work together in the best interests of their children. ...
Registering a Trade Name gives a corporation, partnership or sole proprietor the ability to operate under a different title than its formal corporate name...
On June 1, 2020, the provincial government announced the enactment of an amendment to the Infectious Disease Emergency Leave....
Bill 190 was established to assist corporations in meeting their legal obligations while maintaining physical distancing guidelines....
Wills are important documents in pre-arranging the distribution of assets following death....
As the rate of recovery from COVID-19 exceeds the rate of new infection, the Province of Ontario has begun to implement preliminary measures to gradually reopen businesses. ...
In an effort to continue resolving conflicts while the courts have been suspended, Barriston Law has been conducting many mediations and arbitrations via video conferencing. ...
Given the medical and financial uncertainties created by the COVID-19 virus, it is easy to see how parental conflicts could easily spiral out of control....
Force Majeure refers to contractual terms that can temporarily suspend the obligation of one party to continue to perform its obligations under a contract....
A power of attorney for personal care is a potentially useful and inexpensive legal document to guard against a situation where a person becomes incapable of managing his or her own personal care decisions....
Probate is the process of the court ‘proving’ a Will and certifying that the person who has filed the application is the Executor of the Will....
What happens when one parent is a front-line health care worker, and the other parent feels the children are no longer safe going into that parent’s care? ...
The Province of Ontario has ome out with an action plan and guidelines to get people back to work....
Continuing powers of attorney help guard against a situation where a person becomes incapable of managing his or her property....
A power of attorney for property is a powerful legal document, be careful who you entrust with this legal authority. ...
Although the courts have made the decision to suspend regular operations, steps can still be taken toward the resolution of your legal dispute. ...
In light of COVID-19 and a reduced income, what does this mean for your child support obligations?...
Estate Litigators see many issues cropping up from homemade Wills which can lead to the testators wishes not being fulfilled or the Will being declared invalid....
As COVID-19 spreads, there is increasing anxiety amongst separated parents on how to maintain transfer arrangements for the children between households....
Rent is almost due and many people are experiencing uncertain financial times. ...
Barriston Law has the capabilities to conduct Mediations & Arbitrations via video conference...
Properly trained mediators are aware of at least four types of mediation. Good mediators often use all four approaches in any given mediation session....
We wanted to reach out to our communities with an update on our firm and our preparations surrounding COVID-19. ...
The Government of Ontario passed an Emergency Order, retroactive to March 16, 2020, that will affect proceedings before the Local Planning Appeal Tribunal....
Courts all over Ontario have closed down except for emergency situations. Mediation and Arbitration may be the answer. ...
We wanted to reach out to our communities with an update on our firm and our preparations surrounding COVID-19. ...
The payment of legal costs for litigation in relation to power of attorney issues will be determined on the basis of whether the litigation benefited the incapable person and on the basis of success at the end of the litigation....
If you are considering purchasing a condominium, you will no doubt have heard about status certificates. ...
Appointing the executor in your will is an important decision in the administration of your estate....
Parents, in seeking to financially assist their children, sometimes purchase a home with their own money and register the adult child on title as joint tenant with the parent for estate planning purposes....
Estate Executors/trustees are, at law, provided broad legal powers to administer the assets of the deceased person in accordance with the deceased person’s will....
In the series, Barriston Briefs, Joanne McPhail discusses buying a residential or recreational property jointly with friends or family....
In the series, Barriston Briefs, Michelle Greenwood discusses that acting in the best interest of a corpoation isnt necessarily just maximizing shareholder value. ...
In the series, Barriston Briefs, Tom Dart discusses what mediation is. ...
We are excited to share a video of our experience becoming B Corp Certified. ...
In the series, Barriston Briefs, Janice Mumberson discusses the importance of having a will. ...
Barriston Law is pleased to announce that, effective August 2, 2019, it has become a certified B-Corp. ...
Barriston is pleased to announce that Joanne McPhail has been appointed its first Chief Innovation Officer to spearhead its quest for new and innovative ways to deliver legal services and positively impact the community. ...
Thank You Letter from the Township of Essa...
In the new series, Barriston Briefs, Lisa Roszell writes about keeping the cottage in the family through cottage estate planning...
In the new series, Barriston Briefs, David F. Smith and Janice Mumberson discuss what you should consider when buying a cottage....
In the new series, Barriston Briefs, Tom Dart talks about a free new web service for Ontario couples going through a separation....
Thank You Letter from the Rotary Club of Barrie...
In November of 2018, an amendment to the reporting rules in the Personal Information Protection and Electronic Documents Act (PIPEDA), came into effect....
In the new series, Barriston Briefs, Alexandra Paul, Student-at-law, talks about new rules on record keeping for Federally Governed Corporations....
Thank You Letter from the Rotary Club of Barrie-Huronia and Rotaract Club of Barrie...
Thank You Letter from Talk is Free Theatre ...
Thank You Letter from Barrie AAA Zone Hockey Association ...
Thank You Letter from Big Brothers Big Sisters...
In the new series, Barriston Briefs, Barrie Hayes discusses the differences between Common-Law and Married Spouses' legal entitlement...
In the new series, Barriston Briefs, Joanne McPhail talks about why you may need a Shareholder Agreement...
In the new series, Barriston Briefs, Barrie Hayes talks about what you can do if your spouse dies and leaves you in financial need. ...
In the new series, Barriston Briefs, Tim Gronfors talks about alternative dispute resolution....
In the new series, Barriston Briefs, Sarah Hahn talks about the return of old Ontario Municipal Board (OMB) rules....
In the new series, Barriston Briefs, Janice Mumberson talks about Purchasing a Property with an Income Suite....
Co-Managing partner, Jim McIntosh, hosted this year's gala. https://www.hospicesimcoe.ca/gala/...
Welcome Scott McEachran! ...
Barriston was proud to deliver 103 pairs of pyjamas and $1000 to Simcoe Muskoka Family Connexions this year. Our pyjama project grows yearly thanks to the generosity of our staff!...
In the new series, Barriston Briefs, Sarah Hahn talks about More Legislative Changes Affecting Municipal Law in Ontario....
In the new series, Barriston Briefs, Sarah Hahn talks about tree cutting laws in Ontario...
In the new series, Barriston Briefs, Joanne McPhail talks about buying shares...
We often get asked about what costs are associated with being incorporated, aside from the initial start-up fees...
In the new series, Barriston Briefs, Joanne McPhail talks about Trade Name v. Trademark....
In the new series, Barriston Briefs, Joanne McPhail talks about how save taxes by incorporating....
In the new series, Barriston Briefs, Joanne McPhail talks about how incorporating limits the liability. ...
In the in our new series, Barriston Briefs, Joshua Valler discusses alternative dispute resolutions and how you can control the process moving forward and you can control the time.
In the in our new series, Barriston Briefs, Joshua Valler discusses the steps you should take if you have been sued and the most important component to making sure your lawyer has all the information.
In the in our new series, Barriston Briefs, Mira Ortved discusses Transcript: [Music] There are six costs you should consider when you're budgeting for a real estate purchase in Ontario. The first of these costs are adjustment to the purchase price, adjustments refer to fees that run with the...
In the first video in our new series, Barriston Briefs, Jennifer Craddock discusses how to deal with various taxes in your real estate deal. Types of taxes include property taxes, land transfer taxes and HST. Transcript: [Music] As the saying goes there's two things in life that are...
Welcome Chris Holmes, our new Articling Student, to our Barrie Office!...
Most municipalities calculate sewage rates based on water consumption. This is likely based on the idea that what goes in must come out, but that is not always the case. Not all of the water taken will enter the sewage system, like when it is...
Family law reform is underway in Ontario. Reform of “the way we do things” that is. Normally, when parties separate, they turn to the court system if they are unable to negotiate an agreement themselves with respect to the many issues which they may face. Often,...
Barriston is proud to be a sponsor of the Sandbox! Looking forward to opening this fall!...
Our Barrie (Mulcaster) location will be moving!! As of April 30th, 2018, we will be located at :151 Ferris Lane, Suite 202...
New home buyers beware – the price on the front page of your Offer is often not the full purchase price – and the builder/seller has no legal obligation to make full disclosure of extra charges to you. I was recently reminded of this issue when reviewing...
The Chicago Cubs have not won a World Series since 1908 and have not appeared in a World Series since 1945 (when they lost to the Detroit Tigers). But now, with the Cubs in the World Series, tickets to the 3 games in Chicago are the...
You have incorporated an Ontario Corporation, you have seen to the set up of officers, directors and shareholders but now realize that you can’t in fact get into business without a ‘Business Number’ and an HST registration. Can your lawyer or accountant help you, or can you deal...
Continuing Powers of Attorney for Property are one of the documents frequently executed in estate planning practices. The majority of Continuing Powers of Attorney for Property have no restriction in the authority given to the Attorney for the management of the grantor's property. As such, the Attorney, when...
Under Ontario law, the home in which a married couple ordinarily resides is deemed to be the matrimonial home and with it comes various protections for both spouses during the marriage and upon separation. One of these protections under s. 21(1) of the Ontario Family Law Act, is that...
Around the world, in so many countries, we are witnessing the conflict which is created by the political party system. We pride ourselves on our democracy. Yet, many of us feel it is not working. No party seems to be able to fix the many problems...
The first Toronto Local Appeal Body "TLAB" hearing will be taking place later this month and digital evidence demonstrations are being held to help prepare those who will be involved with the first hearings. Here are some of my observations of the facilities and procedures after...
On Thursday, June 1st, President Trump announced that the United States will be withdrawing from the Paris climate agreement. This is big news. The Paris what? In 2015, 195 countries signed the Paris climate agreement, committing to limit global temperature increase to less than 2 degrees Celsius...
With steadily rising residential sales prices, the Ontario government of Kathleen Wynne has implemented a new Non-Resident Speculation Tax (NRST) in an effort to cool the market down. The NRST took effect on April 21, and imposes an additional 15% tax upon the purchase or acquisition...
On May 16, 2017, it was announced that the government will be presenting legislation which, if passed, will replace the Ontario Municipal Board with a ‘Local Planning Appeal Tribunal’. The Ministry of Municipal Affairs and the Ministry of the Attorney General have stated that these...
Increasingly over the past 10-15 years the courts have been inundated with family law cases. This has caused a considerable backlog of court cases, generating needless delay and expense for separating couples attempting to resolve their family law issues (child custody, child support, spousal support,...