COVID-19 has brought much uncertainty to our workplace office but looking back on the past seven months, our response to this pandemic has been remarkable to say the least! Read this article to see what we did and how.
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Irving Fox Speaking at Restaurants Canada’s Rapid Recovery Series Webinar: Navigating Landlord and Tenant Agreements
On June 10, 2020, Irving Fox, the head of our business law and commercial real estate groups, spoke at Restaurants Canada’s Rapid Recovery Series: Navigating Landlord and Tenant Agreements. Irving discussed issues concerning termination of a commercial lease and distress. More specifically, he addressed applicable legislation, types of defaults, landlords’ remedies, and tenants’ options.
You may find the presentation here.Continue Reading >
On April 24, 2020, Asad Moten, an associate at Speigel Nichols Fox LLP, presented at LSO’s “Key Principles in Commercial Litigation” CPD event. More specifically, Asad touched on written and oral advocacy in the commercial context and presented helpful tips on how to improve advocacy skills. Notably, this was LSO’s first full-length CPD program coordinated, recorded, and presented via Zoom.Continue Reading >
On April 16, 2020 Allison Speigel, partner at Speigel Nichols Fox LLP, co-chaired the Ontario Bar Association’s CPD entitled “Maintaining Your Litigation Practice in a Remote Work Environment”. Allison addressed issues that lawyers might be facing while working under lockdown during the COVID-19 pandemic.
Watch the video here starting at 57’12.
Find out more about the OBA Civil Litigation Virtual Chat Series here.Continue Reading >
On April 2, 2020, I notified you that the Ontario government enacted a regulation (73/20) suspending any limitation period for the duration of the emergency (commencing March 16, 2020). This created major problems regarding claims for lien, perfection of actions, and the distribution of holdback funds. I advised: “Accordingly, for the moment, payors cannot safely pay holdback – even assuming that the payors have received the holdback from other payors one rung above them on the construction ladder.”
By order in Council made April 9, 2020, the Ontario government amended O Reg 73/20 by removing its applicability to the Construction Act and its regulations on and after April 16, 2020. By doing so, the government implicitly recognised that O Reg 73/20 did apply to the Construction Act to extend times to preserve and perfect a claim for lien. Accordingly:Continue Reading >
On March 20, 2020, the Ontario government suspended any limitation period for the duration of the emergency. A copy of that regulation can be found here. This is an example of the law of unintended consequences.
It makes perfect sense for the usual run-of-the-mill limitation period (i.e. commence an action within 2 years of the day that the cause of action arose, subject to discoverability). It does not make sense for the provision of the Construction Act mandating the date upon which a claim for lien must be preserved. This date is crucial to the flow of money on a construction project. Holdback cannot safely be released until after the basic preservation dates for all liens have passed, be it 45 days or 60 days depending on whether the old Act or the new Act applies. If a payor cannot safely pay the holdback – because a construction lien could be registered far beyond the basic preservation date (relying on the extension of that date in accordance with the limitation period suspension), then payors will not pay that holdback; similarly, construction financing will not be forthcoming for the holdback.Continue Reading >
HUB International provides 3 steps you can take as a contractor. Click here to read: COVID-19 Construction Safety Plan Guidance.
An article by Revay and Associates Limited discusses the impact of COVID-19 on construction projects. Click here to read: Proactive documentation and monitoring of the impacts of COVID-19 on construction projects.Continue Reading >
Kim Ferreira, partner and commercial litigator, was re-elected to the Board of Directors for the Peel Law Association (“PLA”) for a second consecutive year on February 27, 2020. We are excited that Kim will be able to continue to advocate on behalf of PLA members, enhance the practice of law and promote diversity.
If you wish to contact Kim about any PLA-related matters, please e-mail him at: firstname.lastname@example.orgContinue Reading >
In January 2020, Susanne Balpataky, a partner at SNF, became the new Chair of the Mississauga Board of Trade (“MBOT”). We are very proud of Susanne who is not only an experienced commercial litigator and employment lawyer, but also a community leader interested in growing Mississauga’s business sector. She is an advocate for businesses and individuals.
At SNF, we like to refer to Susanne as Madame Chair. Congratulations, Madame Chair.
If you have any innovative ideas about MBOT, please share them with Susanne by e-mailing her at: email@example.com
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Allison Speigel speaking at CPD Event – “Our Civil Justice System: Envisioning Innovation and Change”
On February 25, 2020, Allison Speigel, a partner at Speigel Nichols Fox LLP and an innovator in the legal field, spoke at continuing professional development event hosted by the Law Society of Ontario entitled “Our Civil Justice System: Envisioning Innovation and Change.” The event addressed current obstacles and issues that the civil justice system is facing. Our legal system is lagging behind, both in process and from a technological perspective. “Because we’ve always done it this way” is not an excuse for the legal professional to stay immune from emerging trends that have touched almost every industry. Allison, while respecting our system’s core values, emphasizes our civil justice system’s much needed metamorphosis.Continue Reading >