Chad Blundy

July 2, 2020

Community

Disability Accommodation in the Workplace

Chad Blundy

July 2, 2020

Community

Author: Stacey Staios - Articling Student
Edited By: Ryan Carson

  
    Employers in Ontario have a duty to accommodate employees in regards to any protected grounds covered under human rights legislation. Accommodation is a term used to describe the duties of an employer to give equal access and opportunity to individuals who are protected under the Ontario Human Rights Code. Although there are many protected grounds, disability will specifically be addressed in this article. 

Disability covers quite a broad range of conditions, which include but are not limited to, physical, mental, developmental, hearing or vision impairments and learning disabilities. These may be visible or invisible and may have been present from birth, caused by an accident or developed over time.1 

According to the Government of Ontario, roughly 15.5% of Ontario’s population has a disability.2  The Accessibility for Ontarians with Disabilities Act (AODA) was introduced in 2005 to improve accessibility standards for Ontarians with physical and mental disabilities while making accessibility a regular part of finding, hiring and supporting employees with disabilities. The AODA is made up of five standards, and includes requirements that organizations must meet, which are specific to the organization’s type and size. These five standards include information and communications, employment, transportation, design of public spaces and customer service.3  These standards require organizations to create and implement policies and practices that identify and remove barriers that people with disabilities may face, specifically in the workplace. 

Employers have a duty to accommodate the needs of individuals with disabilities to the point of undue hardship to ensure that an employee has equal access to any opportunities and benefits available. This duty to accommodate places puts onus on the employer to remove any barriers an employee may face when trying to access such opportunities and benefits. This standard requires an employer to take every measure to provide the accommodation without causing undue hardship to the business. Otherwise, the employer must demonstrate that they are unable to reasonably accommodate the employee without causing such undue hardship, which means they must provide an employee with the requested accommodation unless it would cause serious hardship to the company. The Ontario Human Rights Code sets out three considerations when assessing whether an accommodation would cause undue hardship, which include cost, outside sources of funding and health and safety requirements.4  No other consideration may be considered when assessing undue hardship, such as business inconvenience, employee morale or third-party preference.5 

  For example, if an employee requests an accessible washroom, it is not enough for the employer to claim undue hardship just because it will add additional costs. For an employer to claim undue hardship in this case, they would have to prove that providing the accommodation would be so extreme that it would interfere with the operations of the business. In certain cases, providing an accommodation will not add any additional costs. Often, the accommodation only requires policy changes and flexible rules, which may cause an inconvenience but will not be a factor in considering undue hardship. 

By removing the barriers that individuals with disabilities face in the workforce, the AODA intends to maximize both the inclusivity of our society and the value that each employee contributes to the economy. An inclusive workplace is one where everyone is treated with respect and becomes a place of equal opportunity.

Articles written by Stacey Staios:

Estate Planning: A How to Guide Should You Consider A Cohabitation Agreement? What Is Wrongful Dismissal?

Disclaimer

The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.

References

¹ Accessibility for Ontarians with Disabilities Act 2005
² Government of Ontario Handbook for Accessible Employment
³ Accessibility for Ontarians with Disabilities Act 2005
⁴ Ontario Human Rights Commission
⁵ Ontario Human Rights Commission

Chad Blundy

June 18, 2020

Commercial & Corporate, Intellectual Property, Residential Real Estate, Community

Determining Which Business Venture is Right for You!

Chad Blundy

June 18, 2020

Commercial & Corporate, Intellectual Property, Residential Real Estate, Community

Author: Sarah Nadon – Law Student
Edited By: Ryan Carson

Partnership agreements may arise informally through the shake of a hand; however, rarely is that the best course to follow when creating a partnership. Partnerships are very much like sole proprietorships however they involve two or more people.

Most partnerships, either big or small, operate subject to an agreement among the partners that lays out specific rights and obligations of every party, as well as provisions for running the company, both day to day and in the event that someone dies, or the partnership is dissolved. This article will examine the pros and cons of joint ventures and shareholders agreements as well as common mistakes that occur when entering into a business venture.

  
    Shareholders agreement

A shareholder’s agreement is an agreement between the shareholders of an existing corporation. The agreement is used to assure that owners’ rights are protected. Shareholders agreements are very fact specific and are tailored to the unique circumstances of the parties.1 

This type of agreement typically deals with two basic areas:

      •	Control and management of the corporation; and

      •	Termination of the relationship of the shareholder, whether by transfer of the shares to third          parties, a buy-out of the shares by a different shareholder or by liquidation of the corporation.2 

In a  shareholder’s agreement each party is responsible for the actions of the other shareholders. Shareholders share risk, costs and profits with one another.

  
    Joint Venture

A joint venture involves two or more businesses or individuals combining their resources and expertise to achieve a shared goal. Joint ventures are usually undertaken by previously established businesses. Joint ventures are relatively new meaning unlike corporations, they are the least regulated. Much like partnerships, joint ventures do involve a fiduciary duty.3

Joint ventures are typically created by express agreement, which will define the rights, obligations and prospective liability of each participant in the joint venture.4  Unlike a shareholder’s agreement, each party is responsible for the debts they acquire but split the profits according to the agreement. 

The main difference between a joint venture and a shareholder agreement is whether the agreement is between one company or several, as a shareholder’s agreement cannot be created with several different companies.

  
    How to decide between a joint venture and a corporation

Corporations are another form of a business entity structure made available to the public. A corporation is when a company’s owners operate as a single business entity and is formed by filing articles of incorporation, while a joint venture is a partnership between two or more businesses that want to work together towards a common goal.5  A corporation has a separate legal entity from its shareholders meaning it has the same rights as an individual. In Canada, corporations have all the legal rights of a person therefore they are eligible for loans, can carry on business, sue or be sued. Corporations offer limited liability and is one of the most common business structures in Canada. 

Since joint ventures have no statute to govern them, they are strictly governed by the contract made between the parties. Joint ventures allow flexibility for the parties and are not considered to be a taxpayer under Canadian tax legislation while corporations are taxed by both the Ontario and federal income taxes.6

When choosing a business entity, one should consider the legal liability, the tax implications, the cost of formation, the ongoing administration and the flexibility they desire. In addition, how the entity is governed may also be an important consideration.

What kind of questions should be answered before talking to a lawyer?

Before speaking to a lawyer, one will want to have an idea of which type of agreement they would like drafted. Next, they should know who the parties to the agreement will be, when the agreement will end, if ever. The parties to the agreement should also know what the objective of the agreement is in order to help the lawyer draft a proper contract.

What to include in an agreement?

Shareholders agreement:

The right to remove directors
Terms to protect minority share holders
Restrictions on how and when someone can dispose of their shares
Limitations on what actions a director can take
A business plan to assure that all shareholders are on the same page
How to resolve a shareholder dispute
The right to first refusal clause

Joint Venture:

Type of joint venture
Benefits and risks
Financial contribution each party will make
Objective of the joint venture
Ownership of the intellectual property created by the joint venture
How liabilities, profits and losses are shared

Common mistakes

If in a limited partnership, limited partners are not allowed to take an active role in management of the partnership, as it exposes the limited partners to the same level of liability as the general partner
Not choosing the right business entity
Starting a venture without a business entity
Not filing the proper documentation for the business entity
Excluding important clauses from the business contract
Inadequate capitalization
Ignoring intellectual property and getting sued for infringement
Objectives of a joint venture are not 100% clear and communicated with everyone

Disclaimer

References

¹ The Editorial Staff of LexisNexis Canada in co-operation with The Institute of Chartered Secretaries and Administrators in Canada, Canadian Corporate Secretary’s Guide (LexisNexis Canada, 2003) (loose-leaf updated 2020), (QL)
² Ibid.
³ Meinhard v. Salmon, 62 A.L.R. 1 at 4-5 (N.Y.C.A., 1928)
⁴ Chitel v. Bank of Montreal, [2002] O.J. No. 2170 (Ont. S.C.J.
⁵ Canada Business Corporations Act, RSC 1985, c C-44, Part II.
⁶ Neil Hazan, “Joint Ventures in Canada: Overview” Joint Ventures Law Global Guide, August 1 2017.

Chad Blundy

May 29, 2020

Community

What Is Wrongful Dismissal?

Chad Blundy

May 29, 2020

Community

Author: Stacey Staios - Articling Student
Edited By: Ryan Carson

Wrongful dismissal is a commonly misunderstood term. In Ontario, an employer is allowed to terminate an employee on a without cause basis, so long as the employer’s decision to terminate the employment relationship is not discriminatory and the employer provides advance notice to the employee or payment in lieu of such notice, which is also known as termination pay. An employee is wrongfully dismissed when an employer terminates their employment without providing the proper notice or termination pay in lieu of such notice.

  
    Under the Employment Standards Act, 2000 (“ESA”), advance notice is required for every employee who has been continuously employed for at least three months.1  The minimum amount of statutory notice an employer must to provide an employee with depends on the employee’s length of service and can be found in the chart below.

During the applicable statutory notice period, the employer must fulfil specific obligations. An employer may not reduce the employee’s wages or alter the terms or conditions of their employment. The employer must provide benefit continuation throughout the statutory notice period and pay the employee wages that they are entitled to, which cannot be less than the employee’s regular wage for a regular work week.2  

According to section 61(1) of the ESA, an employer may terminate the employee’s employment without notice if the employer pays the employee a lump sum amount that is equal to the amount the employee would have been entitled to receive under section 60 of the ESA had notice been given in accordance with that section and if the employer agrees to contribute to the employees benefit plan during that time.

Wrongful dismissal occurs when an employer terminates an employee without providing the proper amount of notice or pay in lieu thereof. In some circumstances, employees may be entitled to common law reasonable notice. Common law reasonable notice is determined by looking at factors such as the character of the employment, the length of service, the age of the employee and the availability of similar employment. Some employees may have an employment contract that includes a termination clause which removes their right to common law severance and limits their entitlements upon termination to those prescribed in the ESA.

In the event that an employee is terminated, section 2 of the Employment Standards Act sets out a list of employees who are not entitled to notice of termination or termination pay.3  Employers may want to claim that there was just cause for the dismissal to avoid providing notice or termination pay to the employee.

However, if an employee believes that their termination was incorrectly labelled as being for cause, they may bring a claim to prove that their dismissal was not justified. In this case, the terminated employee may file such a claim against their employer seeking damages, which is also known as a wrongful dismissal action.

Period of Employment Notice Required

Less than 1 year 1 week
1 year but less than 3 years 2 weeks
3 years but less than 4 years 3 weeks
4 years but less than 5 years 4 weeks
5 years but less than 6 years 5 weeks
6 years but less than 7 years 6 weeks
7 years but less than 8 years 7 weeks
8 years or more 8 weeks

Disclaimer

References

¹Employment Standards Act 2000, s.54(a)
²Employment Standards Act 2000, s.60(1)
³Employment Standards Act 2000, s.2 .

Chad Blundy

May 25, 2020

Intellectual Property, Estate Administration, Community, Residential Real Estate

Should You Consider A Cohabitation Agreement?

Chad Blundy

May 25, 2020

Intellectual Property, Estate Administration, Community, Residential Real Estate

Author: Stacey Staios - Articling Student
Edited By: Ryan Carson

  
    A cohabitation agreement is an agreement signed by two unmarried individuals who are living together or intend to live together in the future. When a couple decides to live together, a cohabitation agreement can clearly set out the rights and obligations of each party, either in the event of a breakdown of the relationship or upon the passing of one of the partners.
  

  
     There are many benefits to entering into a cohabitation agreement, regardless of whether the parties intend to marry or remain in a common law relationship. For the purpose of support obligations, common law couples are defined in Ontario as couples who have lived together continuously for no less than three years, or one year if they are in a relationship of some permanence and have a child together.1
  

  
    When it comes to the division of property, there is a distinction between the rights available to common law couples and married couples. If one party in a common law relationship passes away without a will, the surviving common law partner does not have an automatic right to their spouse’s property under the Family Law Act  like a married couple would, regardless of the length of their relationship or cohabitation. Rather, they must have the courts determine their share via a claim in equity under a constructive trust, which can be overwhelming, costly and time consuming. 

Couples who decide to enter into a cohabitation agreement can ‘bypass’ these legal limitations and set out specifically what property they wish to leave behind to the surviving common law spouse. In the event of a breakdown of the relationship, the parties can, using a cohabitation agreement, contract out of any right or obligation that would otherwise take place without an agreement, including spousal support and the division of property.

  
    For some, entering into a cohabitation agreement under section 53(1) of the Family Law Act may be advantageous, particularly if there is a significant disparity in the parties income, assets or debts. Such agreements can keep these assets separate and have the couple remain financially independent. In the event that the couple decides to marry at a later date, a cohabitation agreement can transition into a marriage contract under section 53(2) of the Family Law Act. 2 
  

  
    When it comes to rights and obligations that both parties wish to contract out of using a cohabitation agreement, section 56 of the Family Law Act is applicable. This section states that a domestic contract, relating to the custody of or access to the child may be set aside and disregarded by the court if, in the opinion of the court, the contract is not in the best interest of the child.3  Further, section 56(4) of the Act states that a domestic contract may also be set aside if (a) a party failed to disclose any significant assets, debts or liabilities, or (b) if a party did not understand the nature or consequence of the domestic contract. Therefore, contingent on the parties satisfying these requirements, their domestic contract will stand in court.
  

Given that there is no statutory right to the division of property among common law couples, a cohabitation agreement may be entered into by those who wish to remain unmarried and have a division of property regime. It is important to have a qualified and experienced lawyer draft an agreement of this nature, as there are many factors and variables that can affect its validity. Whether you are inquiring about a cohabitation agreement, require one to be drafted, or need it to be reviewed by a lawyer, our team is here to help. At Carson Law our lawyers have many years of experience helping families in Burlington, Ontario and its surrounding areas create these domestic contracts in a cost effective and practical way.

Disclaimer

References

¹ Ontario Family Law Act, s.29.
² Ontario Family Law Act, s.53(2)
³Ontario Family Law Act, s.56 .

Chad Blundy

May 8, 2020

Residential Real Estate, Commercial & Corporate, Community

Maternity Leave Announcement

Chad Blundy

May 8, 2020

Residential Real Estate, Commercial & Corporate, Community

Congratulations to our Real Estate Manager, Julie Saliba!

Julie will be on maternity leave from May 1, 2020 until November 1, 2021.

All real estate needs will still be completed in a timely manner and within the high standards that Carson Law demonstrates. If you have any questions, please feel free to contact us.

GENERAL INQUIRIES RYAN CARSON

info@carsonlaw.ca ryan@carsonlaw.ca

905.336.8940 905.336.8940 ext.1001

Chad Blundy

May 7, 2020

Community, Commercial & Corporate

Rent Assistance Program for Small Business Tenants

Chad Blundy

May 7, 2020

Community, Commercial & Corporate

On April 24, 2020, the Ontario Government announced rental assistance for small businesses during COVID-19. The Canada Emergency Commercial Rent Assistance Program (CECRA), has been developed for small business tenants and landlords to share the costs of rent.

For eligible businesses, both tenants and landlords will be asked to pay 25 per cent of the before profit costs, for April, May and June with the provincial and federal government paying the remaining 50 per cent.³

An eligible small business tenant is one that:
• Pays monthly rent not exceeding $50,000 in gross rent payments; and is,³
• A non-essential small business that has temporarily closed, or who is experiencing a 70 per cent drop in pre-COVID-19 revenues (determined by comparing revenues in April, May or June to the same month in 2019 or alternatively compared to average revenues for January and February 2020).³

The property owner must meet the following requirements:
• You own property that generates rental revenue from commercial real property located in Canada.¹ • You are the property owner of the commercial real property where the impacted small business tenants are located.¹
• You have a mortgage loan secured by the commercial real property, occupied by one or more small business tenants.*¹
• You have entered or will enter into a rent reduction agreement for the period of April, May, and June 2020, that will reduce impacted small business tenant’s rent by at least 75%.¹
• Your rent reduction agreement with impacted tenants includes a moratorium on eviction for the period of April, May and June 2020.¹
• You have declared rental income on your tax return (personal or corporate) for tax years 2018 and/or 2019.¹

*For those property owners who do not have a mortgage, an alternative mechanism will be implemented. Further information will be outlined in the near future.

All parties must also agree to enter into a rent forgiveness agreement in order to participate in the Canada Emergency Commercial Rent Assistance Program. This agreement will simply state that the landlord agrees to reduce the tenant’s rent by at least 75 per cent for the month of April, May and June; and the landlord agrees to not evict the tenant during those three months.

This forgivable loan program will be paid out directly to the mortgage lender of the qualifying commercial property owner by the Canada Mortgage and Housing Corporation. It is expected that CECRA will be operational by mid-May and be available until September 30, 2020. Support would be retroactive to April 1, 2020 covering April, May and June 2020. The federal government will be sharing more details of this program in the near future.²

Disclaimer

References

¹Canada Mortgage and Housing Corporation. (2020, May 1). Canada Emergency Commercial Rent Assistance (CECRA) for small businesses. Retrieved May 4, 2020, from https://www.cmhc-schl.gc.ca/en/finance-and-investing/covid19-cecra-small-business. ²Moher, J. (2020, April 27). Canada Emergency Commercial Rent Assistance Program for Small Businesses. Retrieved May 4, 2020, from https://www.dalelessmann.com/news/blog/canada-emergency-commercial-rent-assistance-program-small-businesses?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration. ³Office of the Premier. (2020, April 24). Ontario-Canada Emergency Commercial Rent Assistance Program. Retrieved May 4, 2020, from https://news.ontario.ca/opo/en/2020/04/ontario-canada-emergency-commercial-rent-assistance-program.html.

Chad Blundy

May 6, 2020

Community, Residential Real Estate

Since COVID-19, Where Have Home Prices Increased and Decreased Across the GTA?

Chad Blundy

May 6, 2020

Community, Residential Real Estate

““Everyday is an opportunity disguised as a challenge. No doubt we are all in the same storm but definitely in different boats so let’s be kind to one another. As these statistics show, real estate values on average are holding strong and in almost all GTA cities have increased from last year! This is still a great time to sell from a price standpoint if you were thinking of listing pre-COVID-19. The sky is not falling on the real estate market. First, take care of yourself, family, and friends. Second, if you need help let us or someone know as we are all in this together. Third, there is great opportunity out there, great listings that need buyers, and if I was looking personally or as an investor there is great inventory without the competition of multi buyers. Finally, stay safe and make sure to work with a realtor using all the necessary precautions when showing you homes.””

— Ryan Carson

Chad Blundy

April 23, 2020

Community, Commercial & Corporate, Intellectual Property, Residential Real Estate, Estate Administration

Alternative Dispute Resolution during COVID-19

Chad Blundy

April 23, 2020

Community, Commercial & Corporate, Intellectual Property, Residential Real Estate, Estate Administration

With the Ontario Court of Justice limiting access to courthouses to help prevent the spread of COVID-19, there are still ways to settle a dispute without going to court. This method for resolving a legal dispute outside of the courts is called an Alternative Dispute Resolution (ADR). With the current state of affairs, this may be an appealing option to help parties settle their differences, rather than to wait for the courts to open and be backlogged with cases.

Below are some of the benefits of using the most common forms of Alternative Dispute Resolution, which are: Collaborative Law, Mediation and Arbitration.

  
    Collaborative Law 

•	Attorney assistance – each participant has their own lawyer 2

• Faster agreements – many cases take 4-6 months2

• Client control – clients decide the terms of their own agreements with help from their Collaborative attorneys. A final agreement will not be reached until both parties agree to it.2 

•	Maintains privacy – Participants of Collaborative law cases are able to decide what goes into the documents, which will become public record.2

•	Preservation of relationships – Collaborative Law helps to focus on communicating with each other instead of attacking.2

Mediation

•	A Mediator is an unbiased, impartial person who helps each party in their negotiations to help find mutually acceptable, practical solutions.5

•	Meetings can be scheduled, depending on each parties’ availability, to occur within days.1

•	Flexible formatting such as regular or on-demand follow up.1

Arbitration

•	Decision of an arbitrator is legally binding, as if it were made by a judge.4

•	A speedy and customized process tailored to the dispute issue.4

•	Private proceeding for reputation or business confidentiality .4

•	Can adhere to the current social distancing requirements.4

Alternative Dispute Resolutions are used in a way that is appropriate and best suited for both parties. There are other forms of ADR and the use of a specific method will depend on the nature of that particular dispute.3

For more information on the benefits of Alternative Dispute Resolutions, please visit any one of the below organizations within Canada that specialize in ADR.

ADR Institute of Canada (ADRIC)
Intellectual Property Institute of Canada (IPIC)
IP Neutrals of Canada

Disclaimer

References

¹Birnberg, G. (2020, March). The Business Case for Neutral Facilitation in the Days of the Coronavirus (COVID-19). Retrieved April 21, 2020, from https://www.mediate.com/articles/birnberg-neutral-covid.cfm ²Forest, C. (2019, February 20). Benefits of Collaborative Law: Win-Win Agreements. Retrieved April 20, 2020, from https://www.keepoutofcourt.com/benefits-of-collaborative-law/ ³Intellectual Property Office. (2018, September 25). Alternative dispute resolution. Retrieved April 21, 2020, from https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04443.html ⁴Munro,, L. C. (2020, April 2). Arbitration COVID-19 Benefits: Lerners LLP London & Toronto. Retrieved April 21, 2020, from https://www.lerners.ca/lernx/arbitration-covid-19/ ⁵Waterous Holden Amey Hitchon LLP. (2019). Alternatives to Court – ADR. Retrieved April 21, 2020, from http://waterousholden.com/alternatives-to-court-adr/?gclid=Cj0KCQjws_r0BRCwARIsAMxfDRiTkhF4NAcKUaWz46-QOHXqMuK-N51HIuB38GVqssDdNW0hLl3BZcwaAro-EALw_wcB

Chad Blundy

April 21, 2020

Community

Joint custody during COVID-19

Chad Blundy

April 21, 2020

Community

child-custody-divorce-seperation-visitation-coronavirus-covid19-itakdalee-istock-20200326.jpg

Currently, navigating different environments in and outside of the home has become something of an uncertainty and a bit of trial and error. An item that is up in air in terms of legality and having parents hesitating on decisions, is how to properly handle joint custody and the transferring of a child between homes during COVID-19.

The Ontario courts are telling us that children’s lives cannot be placed on hold without risking serious emotional harm and upset to the children. However, some parents may have to forgo time with their child if they are under self-isolation due to recent travel or exposure to COVID-19¹.
It’s all about what’s in the best interest for the child and providing love and support from both parents. In some cases, a parent’s behaviour may raise concern about parental judgement and that will need to be taken into consideration. This can include failing to comply with social distancing, or not taking responsible health precautions.²

Parents with a shared custody agreement can refer to the Ontario Superior Court’s recent case, Ribeiro v Wright, 2020 ONSC 1829 (CanLII) for guidance on how to navigate this new normal.

In summary:

• The court says existing parenting arrangements and schedules should continue with modifications to ensure COVID-19 precautions, such as physical distancing, are being followed.²
• In some cases, the court says parents may have to forgo their time with the child if they have to self-isolate because they’ve become ill, they’ve travelled abroad, or they’ve been exposed to someone with the illness.²
• The Ontario Superior Court judge says there should zero tolerance in the eyes of the court for any parent who recklessly exposes a child (or members of the child’s household) to any COVID-19 risk.²
• There may need to be changes to transportation, exchange locations, or any terms of supervision, according to the court.²
• In step-families, the court says parents will need assurance that COVID-19 precautions are being maintained in relation to each person who spends any amount of time in a household – including children of former or new relationships.²
• For the sake of the child, all parties must find ways to maintain important parental relationships.²

There will be no easy answer, for every household is different, but the need for collaboration and to work on developing new custody arrangements could be the best option for both parties.

The province of Ontario has set up a free legal aid hotline for residents unsure of their obligations during COVID-19.

Toll-free: 1-800-668-8258
Greater Toronto Area: 1-416-979-1446

The Law Society of Ontario has also launched a hotline where you can be connected with a family lawyer who will provide 30 minutes of free legal advice.

Crisis Line: 416-947-5255
Toll Free: 1-855-947-5255
www.findlegalhelp.ca

Disclaimer

References

¹Loriggio, P. (2020, March 30). Parents should respect custody arrangements during COVID-19 pandemic: Ontario courts. Retrieved April 13, 2020, from https://globalnews.ca/news/6753749/custody-agreements-ontario-courts-covid-19/ ² Ribeiro v Wright, 2020 ONSC 1829 (CanLII), , retrieved on 2020-04-13

Chad Blundy

April 20, 2020

Residential Real Estate, Community, Paralegal

To Tenants and Landlords during COVID-19 ...

Chad Blundy

April 20, 2020

Residential Real Estate, Community, Paralegal

  
    With the current environment, tenants and landlords are in the same boat when it comes to rent. Tenants are worried about their inability to make rent; landlords are worried about their operating costs and many people from both parties find themselves unable to meet the obligations of their contracts. 
Currently, no new eviction orders will be issued until further notice and sheriff’s offices will postpone any scheduled enforcement of current eviction orders.3

  
    Tenants who are able to pay their rent must do so, to the best of their abilities. If not, an honest conversation between a landlord and tenant is often the best first step in dealing with this challenging problem. With this conversation, deferring payments is the most common approach at this moment.  Looking into the future of lease agreements due to COVID-19, we can perhaps start to see ‘pandemic clauses’ become a standard feature of leases and agreements.1

  
    In the meantime, here is a list of short-term solutions that landlords may consider:

•	Basic Rent abatement or deferral.2 

•	Basic Rent suspension for defined periods i.e. 3-6 months or longer depending on the nature of the tenancy.2

•	Basic Rent deferrals for a defined period and a corresponding increase of Basic Rent at a point in the future to make up for a Basic Rent deferral.2

•	Either eliminating or reducing the obligation to pay Basic Rent and replacing it with the requirement to pay Percentage Rent for a defined period of time.  A switch to paying Percentage Rent is similar to a "pay what you can" approach.2 
  
•	Less common, is abating or suspending both Basic Rent and Operating Costs. Typically, landlords like to recover at least their out of pocket expenses such as realty taxes, insurance, utilities still and maintenance costs.2

•	Reduction or elimination of administrative fee and/or management fee component of operating cost charge.2

•	Reduction or elimination of promotional and marketing fees.2

•	Reduction of services offered and performed at the property to effect a reduction in operating costs to be charged to tenants during the COVID pandemic crisis.2

•	Depending on the size of the property, number of tenants and nature of the tenancies in a given property, a landlord can consider a reduction of services provided to tenants during the state of emergency, which would potentially reduce operating costs.2

•	If the landlord would rather that a particular tenant vacate its premises, then the landlord may consider building in an automatic termination or an option to terminate for the landlord.2

•	Ensure that any concession you agree to clearly provides the following2:

         → insert a consideration clause;

         → clearly state when the concession expires;

         → the lease is otherwise in full force and effect and remains unamended;

        → time shall continue to remain of the essence;

        → the concession is not a waiver of any other clause in the lease;

        → the indemnifier signs the amendment, if applicable.

Assistance for Tenants

If you need help financially you can:
• contact your local service manager
• apply for COVID-19 emergency assistance
• access federal government programs

Assistance for Landlords

Landlords may wish to:
• talk to their municipality about help with property taxes and municipal service fees.
• inquire with their mortgage lender about mortgage payment deferrals
• investigate federal government programs

Disclaimer

References

¹Hinton, K., & Mckenzie, R. (2020, April 1). 5 tips for handling commercial leases and contracts during COVID-19 and beyond. Retrieved April 20, 2020, from https://www.bcbusiness.ca/5-tips-for-handling-commercial-leases-and-contracts-during-COVID-19-and-beyond. ²Lanteigne, J., & Rosen, S. D. (2020, March 26). COVID-19 (coronavirus) advisory: Commercial landlord survival guide. Retrieved April 19, 2020, from https://gowlingwlg.com/en/insights-resources/articles/2020/covid-19-commercial-landlord-survival-guide/ ³Ministry of Municipal Affairs and Housing. (2020, March 28). Renting: changes during COVID-19 (coronavirus). Retrieved April 19, 2020, from https://www.ontario.ca/page/renting-changes-during-covid-19

Chad Blundy

April 19, 2020

Community

What Employers Need To Know During COVID-19 - Part 4

Chad Blundy

April 19, 2020

Community

GST/HST payments and other tax exemptions with small businesses is something that is top-of-mind during COVID-19. The CRA has put in place measures which should help alleviate some of these stresses. The CRA will permit all businesses to defer payment until the end of June 2020 on any GST/HST payments or remittances that are owing on or after March 27, 2020 and before June 2020 with no interest to payments.³ The deadline to file has remained the same, however, the CRA won’t impose penalties on a return that is filed late as long as it’s filed by June 30, 2020.³

The deadlines to file certain categories of tax and information returns have been extended:

• Trusts having a taxation year ending on December 31, 2019, may defer filing T3 returns until May 1, 2020.¹

• Partnerships and their members may defer filing T5013 returns until May 1, 2020.¹

• The deadline to file NR4 information returns has been extended to May 1, 2020.¹

For more questions and answers, please take a look at the Deferral of GST/HST Tax Remittances.

In conjunction with the GST/HST exemptions, the Ontario government has also announced the following measures to help support small businesses:

• Provincial tax deferrals on the Employer Health Tax (EHT), Tobacco Tax, Fuel Tax, Beer Tax and Mining Tax and other provincially-administered taxes until August 31, 2020 with no interest or penalty.²

• The Employer Health Tax (EHT) has temporarily increased, until January 1, 2021, from $490,000 to $1 million
→Employers who have to pay EHT have employees who physically report for work at your permanent establishment in Ontario; or have employees who are attached to your permanent establishment in Ontario; or have employees who do not report to work directly at your permanent establishment but are paid through your Ontario permanent establishment; and have Ontario payroll in excess of your allowable exemption amount.⁶

• Property tax reassessments being conducted this year for the 2021 tax year have been postponed.²

• Provincial Land Tax Payments are deferred from their next due date for 90 days without interest or penalty.²

For more information on the Employer Health Tax (EHT) or a full list of measures the Ontario government is taking.

Disclaimer

References

¹Brown, K., Meighen, C., Nearing, R. W., Purkey, F., & Juneja R. (2020, April 13). Tax Measures Under Canada’s COVID-19 Economic Response Plan. Retrieved April 15, 2020, from https://www.mccarthy.ca/en/insights/blogs/mccarthy-tetrault-tax-perspectives/tax-measures-under-canadas-covid-19-economic-reponse-plan ²Business, C. F. O. I. (2020, April 10). Canadian Federation Of Independent Business. Retrieved April 14, 2020, from https://www.cfib-fcei.ca/en/advocacy/employment-and-labour/ontario-covid-19-relief-measures-your-business ³Canada Revenue Agency. (2020, March 31). Government of Canada. Retrieved April 15, 2020, from https://www.canada.ca/en/revenue-agency/campaigns/covid-19-update/frequently-asked-questions-gst-hst.html ⁴Department of Finance Canada. (2020, April 11). Archived – Additional Details on the Emergency Wage Subsidy. Retrieved April 14, 2020, from https://www.canada.ca/en/department-finance/news/2020/04/additional-details-on-the-canada-emergency-wage-subsidy.html ⁵Department of Finance Canada. (2020, April 11). Government provides further flexibility for employers to access the Canada Emergency Wage Subsidy. Retrieved April 13, 2020, from https://www.canada.ca/en/department-finance/news/2020/04/government-provides-further-flexibility-for-employers-to-access-the-canada-emergency-wage-subsidy.html ⁶Ministry of Finance. (2020, April 7). Employer Health Tax. Retrieved April 15, 2020, from https://www.fin.gov.on.ca/en/tax/eht/index.html ⁷Ministry of Labour, Training and Skills Development. (2020, March 26). UPDATED: Ontario Enabling Financial Relief for Businesses. Retrieved April 13, 2020, from https://news.ontario.ca/mol/en/2020/03/ontario-enabling-financial-relief-for-businesses-1.html ⁸Osler. (2020, March 19). COVID-19 Quick-Reference Considerations for Employers. Retrieved April 14, 2020, from https://www.osler.com/en/resources/regulations/2020/covid-19-quick-reference-considerations-for-employers#Section1-a ⁹Shapiro, Hulton, & Lucha, B. (2020, April). COVID-19: The Essential Need-to-Know Guide for Employers and Employees: Insights. Retrieved April 13, 2020, from https://www.dickinson-wright.com/news-alerts/covid19-the-essential-guide-for-employers#a. Federal Amendments to the Canada Labour Code

Chad Blundy

April 18, 2020

Community

What Employers Need To Know During COVID-19 - Part 3

Chad Blundy

April 18, 2020

Community

In a continuing effort to support businesses and protect jobs by the Ontario government, a $1.9 billion WSIB financial relief package has been introduced with all premiums being deferred for six months to all businesses in the province covered by WSIB workplace insurance. Additionally, to help businesses in this time, WSIB will stop interest accrual on all outstanding premium payments.⁷ With these cost measures in place, WSIB will still continue to cover workers at all workplaces that are covered.

Learn more about the Financial Relief Package for Ontario Businesses.

  
    When it comes to employees and WSIB coverage, some workplaces may pose a higher risk than others in exposing them to the COVID-19 virus. Regardless, a worker is still entitled to WSIB benefits if they contract the virus while at the workplace. 
If a diagnosis via the workplace proves to be true, that employee may be eligible for wage loss benefits that include:

•	Any period in quarantine pre-diagnosis.9

•	Healthcare benefits.9

•	Permanent impairment benefits arising from the disease.9

•	In cases of fatality, the employee’s survivors could receive WSIB benefits.9

Please read the Adjudicative approach to find out how WSIB is making decisions about COVID-19 claims.

Disclaimer

References

Chad Blundy

April 17, 2020

Community

What Employers Need To Know During COVID-19 - Part 2

Chad Blundy

April 17, 2020

Community

Covid-19 In The Workplace

What happens if there is a confirmed case of COVID-19 among your employees? If you do find yourself in this situation, the disclosure of information should be kept to a minimal. During this time, the lines are blurred and questions arise on what is a reasonable amount of information to provide to your employees. The acknowledgement of this information to your employees will be influenced by factors such as: the employer’s health and safety obligations to employees under the Occupational Health and Safety Act, guidance from health authorities, advice from healthcare professionals and considerations such as the type, extent and volume of personal information required to be collected or disclosed in the circumstances.⁹ Currently, employers are advising coworkers who have been in close working conditions to someone who has tested positive for COVID-19 to protect themselves and prevent further exposure in the workplace.

Employees Right To Refuse Work During COVID-19

Under section 43 of the Occupational Health and Safety Act, most workers are entitled to refuse to work if they have a reasonable belief that working would put their personal health and safety at risk. During COVID-19, workers may refuse to work if their employer fails, refuses or can’t take appropriate measures to ensure the workplace is safe and will not spread COVID-19. On March 25, 2020, the Federal Government passed Bill C-13, COVID-19 Emergency Response Act. . A legislation that introduces amendments to the Canada Labour Code which provides unpaid leave of up to 16 weeks for employees who are unable/unavailable to work for reasons related to COVID-19 without the requirement of a medical note.⁹ However, the employee is required to provide written notice to their employer stating the reasons for leave. If an employer receives a written notice from an employee, the following must be noted:

• Reprisals: Employers cannot discipline, demote, lay-off, or dismiss an employee or threaten an employee with any of the foregoing because the employee is taking COVID-19 leave.⁹

• Benefits: Employers must still continue to provide pension, health, and disability benefits, and seniority or service accumulation for the duration of the leave. If applicable, employees are responsible for benefit contributions during the leave, unless they declare they wish to discontinue their benefits during the leave. Employers must continue to pay their proportionate contributions during the leave, if any.⁹

• Opportunities: Where an employee provides a written request, the employer must continue to provide information to the employee on leave of employment, promotion, or training opportunities relating to the employee’s qualifications that arise while the employee is on leave.⁹

• Vacation: Vacations may be interrupted to take COVID-19 related leave.⁹

• Parental Leave: The 78-week period for parental leave may be extended, and the 68 weeks available for parental leave may be interrupted in circumstances of a COVID-19 related leave.⁹

Job Protection During COVID-19

As of March 27, 2020, the Federal Government and certain provinces passed legislation to provide for new leaves of absence related to COVID-19. Leaves can be applied in the province of Ontario when (retroactive to January 25, 2020):

• The employee is under medical investigation, supervision or treatments for COVID-19.⁸

• The employee is acting is accordance with an order under the Health Protection and Promotion Act.⁸

• The employee is in isolation or quarantine in accordance with public health information or direction.⁸

• The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.⁸

• The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.⁸

• The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.⁸

• The employee is prevented from returning to Ontario because of travel restrictions.⁸

Learn more about the Infectious Disease Emergency Leave

Disclaimer

References

Chad Blundy

April 16, 2020

Community

What Employers Need To Know During COVID-19 - Part 1

Chad Blundy

April 16, 2020

Community

On April 11, 2020, the Department of Finance introduced the COVID-19 Emergency Response Act, No.2, which provides additional flexibility the Canada Emergency Wage Subsidy (CEWS), which was first launched on March 27, 2020.

In order to better address the reality of this situation and work with the ongoing changes, the Government of Canada has introduced the following flexibilities:

• To measure revenue loss, it is proposed that all employers have the flexibility to compare their revenue of March, April and May 2020 to that of the same month of 2019, or to an average of revenue earned in January and February 2020.⁵

• For March, the Government proposes to make the CEWS more accessible than originally announced by reducing the 30 per cent benchmark to 15 per cent, in recognition of the fact that many businesses did not begin to be affected by the crisis until partway through the month.⁵

• In recognition that the time between when revenue is earned and when it is paid could be highly variable in certain sectors of the economy, it is proposed that employers be allowed to measure revenues either on the basis of accrual accounting (as they are earned) or cash accounting (as they are received). Special rules would also be provided to address issues for corporate groups, non-arm’s length entities and joint ventures.⁵

• Registered charities and non-profit organizations would also be able to benefit from the additional flexibilities being provided to employers with respect to the revenue loss calculation. In addition, to recognize that different types of organizations are experiencing different types of funding pressures, it is proposed that charities and non-profit organizations be allowed to choose to include or exclude government funding in their revenues for the purpose of applying the revenue reduction test.⁵

CEWS would provide a 75 per cent wage subsidy to eligible employers for up to 12 weeks from March 15 to June 6, 2020. Eligible employers would include individuals, taxable corporations, partnerships consisting of eligible employers, non profit organization and registered charities.⁴ The Canadian Emergency Wage Subsidy would apply at a rate of 75 per cent of the first $58,700 normally earned by employees, which would represent a benefit of up to $847 per week, per employee.⁵

The Canadian government will continue to carefully monitor all developments relating to the COVID-19 outbreak and continue to take further action to protect Canadians and the economy.

Disclaimer

References

Chad Blundy

March 24, 2020

Commercial & Corporate, Community, Estate Administration, Intellectual Property, Residential Real Estate

It's Business As Usual ... It Just Looks A Little Different

Chad Blundy

March 24, 2020

Commercial & Corporate, Community, Estate Administration, Intellectual Property, Residential Real Estate

For the signing of any legal documents, we will be moving forward with this new two step process:

We will be using a video / audio conference platform called “Zoom”, which has been approved by the Law Society of Ontario. Please visit Zoom’s Frequently Asked Questions page for information on how this web-based service works.
We will be sending the signing package and documents via courier prior to your call. The two couriers we will be using are Purolator and Zoom Service (different business from the above online platform). The package will be marked in all areas where you must sign. Please do not sign any documents prior to the Zoom call, as all signing must take place while on the Zoom video call for verification. During the Zoom call, we will review each page carefully and one at a time. Once we finish the call, we will arrange for the same courier to retrieve the documents from you and return them to our office for final processing of the file.

If you have any questions or concerns, please don’t hesitate to ask.

Chad Blundy

March 19, 2020

Community, Residential Real Estate

Mortgage Concerns?

Chad Blundy

March 19, 2020

Community, Residential Real Estate

Friday, March 20, 2020 at 2:00 pm Powerhouse Realty Group - Re/max Escarpment Realty Inc. will host a live Q&A Feed.

For any concerns or questions in regards to mortgage payments, we can confirm that most mortgage lenders have a program in place to address payment difficulties caused by the current COVID-19 pandemic. With requests to self-isolate, a pause to regular employment or other work-related matters resulting from COVID-19 that may impact you, lenders will look at your individual circumstances and try to come up with a tailored solution to fit your needs. This could potentially include a deferral of payments on mortgages for up to six months.

The Powerhouse Realty Group – Re/max Escarpment Realty Inc. will be hosting a LIVE Facebook and Instagram Feed tomorrow Friday, March 20, 2020 at 2:00 pm to answer any and all questions you may have.

Live Feed Panelists Include:
Kelle Baker – Remax
Paul Thurlow – Remax
Ryan Carson – Carson Law Office
Glen MacLaren – Tribe Financial

*Facebook link: Powerhouse Realty Facebook Page

*Instagram page: Powerhouse Realty Instagram Page

Customer Service Numbers for most lenders:

ATB 1-800-332-8383
B2B 1 800 263 8349
BMO 1-877-895-3278
Bridgewater 1-866-243-4301
CIBC 1-800-465-2422
CMLS 1-888-995-2657
Optimum 1-866-441-3775
Equitable 1-888-334-3313
Connect First 403-736-4000
Chinook Financial 403-934-3358
First Calgary Financial 403-736-4000
First National 1-888-488-0794
Haventree 1-855-272-0051
Home Trust 1-855-270-3630
HSBC 1-888-310-4722
ICICI 1-888-424-2422
Manulife 1-877-765-2265
MCAP 1-800-265-2624
Merix 1-877-637-4911
Marathon 1-855-503-6060
RBC 1-866-809-5800
RFA 1-877-416-7873
RMG 1-866-809-5800
Scotia 1-800-472-6842
Servus 1-877-378-8728
Street Capital 1-866-683-8090
TD 1-866-222-3456

Chad Blundy

March 12, 2020

Residential Real Estate, Community

How To Invest In Private Lending & Rent To Owns

Chad Blundy

March 12, 2020

Residential Real Estate, Community

If you've been wanting to learn how to invest passively, with strong returns and a high degree of security, you'll want to learn about these advanced strategies!

For this free webinar, please go to Limor Markman’s Facebook Page and register in the comments section

Chad Blundy

March 6, 2020

Residential Real Estate, Intellectual Property, Estate Administration, Community, Commercial & Corporate

The Proper Use of Insurance Series - Episode 4

Chad Blundy

March 6, 2020

Residential Real Estate, Intellectual Property, Estate Administration, Community, Commercial & Corporate

Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on ...

Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.

To contact Matthew Stevenson, please Click here or call 365-777-2762

Chad Blundy

March 5, 2020

Commercial & Corporate, Estate Administration, Intellectual Property, Residential Real Estate, Community

The Proper Use of Insurance Series - Episode 3

Chad Blundy

March 5, 2020

Commercial & Corporate, Estate Administration, Intellectual Property, Residential Real Estate, Community

Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on ...

Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.

To contact Matthew Stevenson, please Click here or call 365-777-2762

Chad Blundy

March 4, 2020

Community, Commercial & Corporate, Estate Administration, Intellectual Property, Residential Real Estate

The Proper Use of Insurance Series - Episode 2

Chad Blundy

March 4, 2020

Community, Commercial & Corporate, Estate Administration, Intellectual Property, Residential Real Estate

Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.

To contact Matthew Stevenson, please Click here or call 365-777-2762

Congratulations to our Real Estate Manager, Julie Saliba!

GENERAL INQUIRIES RYAN CARSON

For the signing of any legal documents, we will be moving forward with this new two step process:

*Facebook link: Powerhouse Realty Facebook Page

*Instagram page: Powerhouse Realty Instagram Page

Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.

Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.

Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.

CRS Law Collective