Five Common Myths about Divorce

Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.Arbitration, Child Support, Collaborative Family Law, Custody and Access, Division of Property, Divorce, Equalization, Family Law, Separation, Separation Agreements, Spousal Support0 Comments

Both Spouses Need to Consent to Divorce In Canada, if one spouse wants to divorce, they do not need to seek their spouse’s consent to divorce. Canadian courts will grant a divorce under three grounds: if spouses have been separated from each other for a year without reconciling; if a spouse has proven adultery occurred during the marriage and they have not absolved their spouse; and if one spouse proved they received mentally or physically cruel treatment from their spouse. The Spouse Who Earns Less Income Always Receives Spousal Support Unlike child support, separated and divorced spouses do not have an automatic right to receive spousal support when their marriage ends. Separated spouses may be entitled to receive spousal support. There are several factors which give rise to an entitlement to spousal support. These factors include the length of the marriage or relationship, the roles each spouse played in the … Read More

Roster Arbitrator, with Reasonable Fees and Good Availability

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorAgency Arbitrator, Alternative Dispute Resolution (ADR), Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Expedited Arbitration, Franchise Arbitrator, Internet | Technology, Internet Arbitrator, IT Arbitrator, IT Arbitrator, Licensing Arbitrator, Marine Arbitrator, Partnership Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

David Alderson is an accredited, qualified, independent and experienced commercial arbitrator, who arbitrates a wide variety of disputes. He has been appointed by the Ontario Superior Court of Justice in commercial arbitration matters. David offers arbitration services at a reasonable fee, and has good availability for hearings and other arbitration procedures. Arbitrating Member David is a arbitrating member of a number of institutions, including The ADR Institute of Ontario, The Toronto Commercial Arbitration Society, the Ontario Bar Association Remote Arbitrator Member Roster, and Gilbertson Davis LLP Arbitration and Mediation Chambers. He is also Senior Counsel – Commercial Litigation, at Gilbertson Davis LLP, and has practiced in a number of jurisdictions in most areas of commercial and civil litigation. Arbitration of Disputes David’s primary focus on arbitration is for commercial disputes, including business disputes, shareholder and partnership disputes, director and officer disputes, real estate, condo and commercial leasing disputes, projects and joint venture disputes, construction, sale of goods, distribution and franchise disputes, management, brokerage and agency disputes, … Read More

COVID-19 | Ontario-Canada Emergency Commercial Rent Assistance Program – Part 2

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Business Disputes, Commercial, Commercial and Contract Litigation, Commercial Contracts, Commercial Lease Arbitrator, Commercial Leasing, Commercial Litigation, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Shopping Mall Lease Disputes, Shopping Mall Lease Litigation0 Comments

Further to our blog entitled COVID-19 | Ontario-Canada Emergency Commercial Rent Assistance Program, CMHC has finally released further details about the OCECRA program including the opening date of the applications portal on May 25, 2020 at 8:00 a.m. EST. Amidst reports that many landlords were refusing to apply for the OCECRA program, Premier Doug Ford pleaded with landlords to participate in the OCECRA program, stating: “It is not going to be forever.  It is going to be for a few months.  Help people out.  You have an obligation to do that as a landlord”.  Prime Minister Justin Trudeau provided a more business-oriented argument for landlords to participate in the OCECRA program, stating: “With many people discovering that we can work from home … there may be a lot of vacancies in commercial buildings over the coming months and years.  Who knows exactly what the post-pandemic world will look like exactly?”. … Read More

Toronto Lawyers for COVID-19 / Coronavirus Urgent Legal Services

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorAlternative Dispute Resolution (ADR), Arbitration, Business Disputes, Business Interruption, Civil Litigation, Commercial, Commercial and Contract Litigation, Condo Litigation, Construction Litigation, Coronavirus, COVID-19, Debt and Enforcing Judgments, Estates Litigation, Family Law, Franchise Law, Wills and Estates0 Comments

See our information and resources regarding legal services during COVID-19 through these links to the Gilbertson Davis LLP website: Arbitration During the Pandemic Remote Arbitration Hearings – Emerging Protocols Arbitration & Court Closure  Contract Arbitrator Event Cancellation Arbitrator Contract Termination Arbitrator Moving Litigation to Arbitration | Arbitration Options Business and COVID-19 Ontario Allows More Businesses To Reopen Soon Ontario to Permit Some Businesses to Reopen on May 4 Small Business Relief Resources Ontario Extends Mandatory Closure of Non-Essential Businesses Ontario-Canada Emergency Commercial Rent Assistance Program Construction and COVID-19 Are Closing Dates Extended Due to Construction Sites Closing? Urgent Hearings for Real Estate Closings Contracts and COVID-19 Pandemic Closures: Considerations For Commercial Tenants And Landlords How to Schedule an Urgent Civil or Commercial List Hearing Comments on Frustration and Force Majeure Clauses in The Huffington Post Legal Consequences on Commercial Contracts Distribution Agreements Manufacturing Contracts Shopping Mall Lease Deferral Contract Disputes … Read More

COVID-19 | Ontario-Canada Emergency Commercial Rent Assistance Program

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Business Disputes, Commercial and Contract Litigation, Commercial Lease Arbitrator, Commercial Leasing, Commercial Litigation, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Shopping Mall Lease Disputes, Shopping Mall Lease Litigation0 Comments

On April 16, 2020, the Federal government announced the Canada Emergency Commercial Rent Assistance Program (CECRA) but could not provide further details because discussions with the provinces and territories were required for the administration and implementation of the program. Today, the Ontario government announced the Ontario-Canada Emergency Commercial Rent Assistance Program (OCECRA) and provided further details on the eligibility requirements and the terms of the forgiveable loan.  The OCECRA is expected to be operational in mid-May 2020, and will provide commercial rent relief for the months of April and May (retroactively) and June 2020. We summarize the OCECRA as follows: Ontario-Canada Emergency Commercial Rent Assistance Program – Updated May 7, 2020 What is the purpose of OCECRA?  To provide relief to landlords and small business tenants affected by COVID-19 by providing forgivable loans to landlords to cover 50% of the gross monthly rent for April, May and June 2020. Who … Read More

Ontario Extends Mandatory Closure of Non-Essential Businesses

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Business Dispute Arbitrator, Business Disputes, Business Interruption, Civil Litigation, Commercial and Contract Litigation, Commercial Lease Arbitrator, Commercial Leasing, Commercial Litigation, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Creditors Rights, Employment, Franchise Law0 Comments

On April 23, 2020, the Ontario government announced that all emergency orders under the Emergency Management and Civil Protection Act, including the mandatory closure of non-essential businesses, have been extended until May 19, 2020 (Updated: May 7, 2020). A list of the extended orders and the current revocation dates are found here. Although the closure of non-essential businesses is necessary to fight the COVID-19 pandemic, many small businesses have been closed for over a month and will be closed for at least another two week period with no or very minimal revenue coming in.  A survey conducted by the Canadian Federation of Independent Business (CFIB) indicated that 40% of Canadian small businesses were worried the pandemic would force them to permanently close.  These small businesses, which form the backbone of the economy, are unlikely to survive without further assistance from the federal, provincial and municipal governments and/or cooperation from landlords, … Read More

Ontario Courts Suspend Civil Jury Trials Due to COVID-19 / Coronavirus

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Arbitration, Business Disputes, Business Interruption, Civil Litigation, Commercial and Contract Litigation, Commercial List Matters, Commercial Litigation, Condo Litigation, Construction Litigation, Coronavirus, COVID-19, Debt and Enforcing Judgments, Family Law, Force Majeure, Franchise Law, Real Estate Litigation0 Comments

On April 20, 2020, the Chief Justice of the Ontario Superior Court of Justice issued a Notice to the Profession, Public, Accused Persons and the Media Regarding the Suspension of Criminal and Civil Jury Trials to advise that criminal and civil jury trials will be suspended until September, 2020, at the earliest. Since March 17, 2020, the Ontario Superior Court of Justice has suspended all regular operations, including adjourning all civil matters except: (a) civil motions and applications deemed to be urgent and time-sensitive by the court; (b) outstanding warrants issued in relation to a Small Claims Court or Superior Court civil proceeding; and (c) the following expanded civil matters, subject to each region’s notice and effective April 6, 2020: (i) pre-trial conferences that were cancelled between March 16 and May 31, 2020, and to be held for the purpose of settlement; (ii) Rule 7 motions or applications for approval … Read More

Moving Litigation to Arbitration | Arbitration Option in Times of COVID-19

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorArbitrators, Business Dispute Arbitrator, Commercial, Commercial Arbitration, Franchise Arbitrator, IT Arbitrator, Partnership Arbitrator, Shareholder Dispute Arbitrator0 Comments

Access to Justice  The courts in Ontario continue to address access to justice in the time of the coronavirus, providing a triage process to determine which matters are considered urgent and should be heard.  Video conference arrangements in the courts are evolving.  We are mindful that both criminal and family law matters are likely to take priority both now and when traditional hearings become available post-coronavirus. Moving Litigation Forward Through Arbitration    If you, or your clients, are contemplating civil or commercial litigation by court-based process, because the governing agreement does not provide for arbitration (the so-called pre-dispute arbitration agreement), you should be aware that, except in very limited exceptions, those engaged in a dispute, can nonetheless agree to resolve their disputes by arbitration, whether post-dispute, mid-dispute or when court-based litigation is otherwise being contemplated or on-going. The roster of arbitrators at Gilbertson Davis LLP Arbitration and Mediation Chambers accept … Read More

COVID-19 / Coronavirus: Rent Relief for Small Businesses Is Coming

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Business Interruption, Business Litigation, Civil Litigation, Commercial and Contract Litigation, Commercial Arbitrator, Commercial Contracts, Commercial Law, Commercial Lease Arbitrator, Commercial Leasing, Commercial List Matters, Commercial Litigation, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Real Estate Litigation0 Comments

On April 16, 2020, the Federal government announced the Canada Emergency Commercial Rent Assistance (CECRA) program to assist small businesses with their rent payments during the COVID-19 crisis. The CECRA program will provide loans and/or forgiveable loans to commercial property owners who will be expected to pass on the benefit to small businesses by lowering or forgoing rent for April (retroactively), May and June 2020.  Further details of the program are expected to be released soon and the program will be administered by the provincial and territorial governments. Although the Ontario Superior Court of Justice had issued an Order on March 19, 2020 suspending the eviction of residents from their homes (unless ordered otherwise under an urgent motion), there was no similar protection against evictions for commercial tenants which included many small business owners. Commercial rent payments are typically the second largest operating expense for most small businesses after payroll … Read More

Expedited Arbitration Arbitrators

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorArbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Marine Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator0 Comments

Expedited Arbitration Sometimes an arbitration clause provides for expedited arbitration proceedings, with time limits by stated duration for claims submissions (pleadings), discovery of documents (by request) and an early arbitration hearing date and award publication. Agreed Expedited Arbitration  On other occasions the arbitration clause does not provide expressly for an expedited arbitration procedure, but neither does it prohibit that.  If the parties agree, then an expedited arbitration procedure or simplified arbitration procedure for the arbitration can be directed by the arbitrator. An expedited arbitration procedure will usually be agreed at the preliminary, or first, meeting and result in a procedural order covering the entire duration of the expedited arbitration from exchange of  written submissions (pleadings) up to the date of the hearing and publication of the award. Some Reasons for an Expedited Arbitration There are lots of reasons the parties may wish to expedite the arbitration process, including (i) cost; … Read More

Toronto COVID-19 / Coronavirus Lawyers and Legal Services

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorCommercial, Commercial Arbitration, Commercial Litigation, Coronavirus, COVID-190 Comments

COVID-19 Practice Group In the rapidly evolving pandemic, the lawyers at Gilbertson Davis LLP have promptly published blogs and other online content concerning the effects of COVID-19 on matters within our respective practice areas. COVID-19 Litigation and Arbitration Resources  These are conveniently indexed and accessible through our COVID-19 webpage. If your concern relates to: Contracts and COVID-19 Event Cancellation Due to COVID-19 Condo Law and COVID-19 Family Law and COVID-19 Real Estate | Commercial Leasing and COVID-19 Construction and COVID-19 Wills and Estates – Coronavirus COVID-19 and the Courts Arbitration During the Pandemic you may find Coronavirus / Covid-19 Litigation & Arbitration Resource here. Contact Gilbertson Davis LLP If you have enquiries or require legal advice or representation concerning events arising from the COVID-19 / Coronavirus pandemic, please contact the Intake Coordinator at Gilbertson Davis LLP at 416 979 2020, ext 223, by email info@gilbertsondavis.com, or though the Contact Us … Read More

COVID-19 / Coronavirus: Are Closing Dates Extended Due to Construction Sites Closing?

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Arbitration, Civil Litigation, Commercial, Condo Construction, Condo Litigation, Construction | Builders, Construction Litigation, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Force Majeure, Real Estate | Developers, Real Estate Arbitrator, Real Estate Litigation0 Comments

On April 3, 2020, the Ontario government ordered that further non-essential businesses must close by April 4, 2020 at 11:59 p.m. including closing down most construction sites in order to flatten the curve of the COVID-19 pandemic.  The number of essential businesses was reduced from 74 to 44.  The revised list of essential businesses can be found here. Construction sites related to the healthcare sector, provincial infrastructure such as transit, and projects related to the production of ventilators and other products directly related to fighting COVID-19 were permitted to remain open.  Residential construction sites were permitted to remain open where: (i) a footing permit has been granted for single family, semi-detached and townhouses; (ii) an above grade structural permit has been granted for condominiums; or (iii) the work was related to renovations and started before April 4, 2020. Given the expansive definition of essential residential construction sites, it appears that … Read More

Remote Arbitration Hearings | Remote Court Hearings – Emerging Protocols for COVID-19 / Coronavirus

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorArbitration, Business Dispute Arbitrator, Commercial, Commercial Litigation, Coronavirus, COVID-19, International Commercial Arbitrator, Marine Arbitrator0 Comments

“It is the duty of all the parties to seek to co-operate to ensure that a remote hearing is possible.” ~ Justice Teare  (Commercial Court, a Queen’s Bench Division of the High Court of Justice, England and Wales) Protocols on the use of video conferencing in arbitration and court hearings are emerging: Remote Arbitration Hearings The Seoul Protocol on Video Conferencing in International Arbitration was drafted and discussed by a panel of arbitration practitioners in 2018, consisting of Kap-You (Kevin) Kim as moderator (Partner, Peter & Kim), Yu-Jin Tay (Partner, Mayer Brown), Ing Loong Yang (Partner, Latham & Watkins LLP) and SeungMin Lee (Partner, Shin & Kim), and has been revised to reflect comments from the Seoul International Dispute Resolution Center (released March 18, 2020). Remote Court Hearings  The Ontario Superior Court of Justice Practice Directions and Notices regarding COVID-19 (updated March 31, 2020) has published the Notice Regarding Videoconference … Read More

COVID-19 / Coronavirus: Alternatives to Family Court

Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.Alternative Dispute Resolution (ADR), Arbitration, Child Support, Collaborative Family Law, Coronavirus, COVID-19, Custody and Access, Division of Property, Family Law, Separation, Separation Agreements, Spousal Support0 Comments

As of March 17, 2020, the Ontario Superior Court of Justice suspended all regular operations for an indefinite period. Similarly, as of March 20, 2020 the Ontario Court of Justice suspended all regular operations until May 29, 2020. Both courts continue to hear urgent and emergency family law matters. Without access to the courts, family law litigants can still avail of a number of different options to resolve their family law disputes. Indeed, there are numerous forms of alternative dispute resolution (ADR). With consent, parties at any stage of litigation can agree to settle their issues outside of court with ADR. These processes can be a cheaper, faster, and less acrimonious way to settle family law disputes than traditional court litigation. Collaborative family law is an out-of-court resolution process which puts families first. With collaborative practice, parties work together, with their lawyers and other neutral professionals, such as family professionals … Read More

Covid-19 Pandemic Closures: Considerations For Commercial Tenants And Landlords

Sabrina Saltmarsh, B.A. (Hons), J.D.Building | Property Management, Business Disputes, Business Interruption, Commercial and Contract Litigation, Commercial Contracts, Commercial Lease Arbitrator, Commercial Leasing, Commercial Litigation, Contract Termination, Coronavirus, COVID-19, Force Majeure, Franchise | Licensing, Government Action, Injunction & Specific Performance, Insurance, Property Management, Real Estate Litigation, REIT Disputes, Shopping Mall Lease Disputes, Shopping Mall Lease Litigation0 Comments

What can commercial tenants and landlords do to protect themselves from the impact of Covid-19 related closures on commercial lease obligations? Here are some tips for businesses who are in the difficult situation of having to deal with potential defaults on commercial rent obligations related to closures or reductions due to the Covid-19 situation. 1. Review The Lease Agreement Carefully For Potentially Relevant Clauses In Ontario, the commercial landlord-tenant relationship is governed by the Commercial Tenancies Act, R.S.O. 1990, c. L.7., (the “Act”) which outlines the relationship, rights and obligations between commercial landlords and tenants. However these relationships are heavily governed by the commercial lease agreement in place between the landlord and the tenant, which can take precedence over the Act based on the agreement of the parties. Review the Act and more importantly, review your commercial lease agreement carefully to appreciate whether the agreement contemplates the type of situation … Read More

Arbitration & Court Closure Due to COVID-19 / Coronavirus

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorAgency Arbitrator, Alternative Dispute Resolution (ADR), Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, Commercial Arbitration, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Coronavirus, COVID-19, Employment Dispute Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Labour Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

Litigants and lawyers requiring timely resolution of disputes and who have no or limited access to the courts for trials or other hearings because of COVID-19 / Coronavirus related court closures, or for whom a public court-centered proceeding is inappropriate, may wish to consider arbitration as an alternative to litigation. In-person, video or teleconferencing determinations of arbitrated disputes at reasonable rates can resolve procedural and substantive issues more quickly than our courts in the current COVID-19  / Coronavirus related crisis, and very often in ordinary circumstances where congested dockets unfortunately preclude expedited case determinations. With the consent of the parties to litigation, and at virtually any stage of the litigation, an ad hoc arbitration can be arranged. Arbitration may be the forum best suited to the resolution of your dispute across a broad range of practice areas. Please see the Gilbertson Davis LLP Arbitration & Mediation Chambers webpage, and  other … Read More

Contract Arbitrator – Event Cancellation Dispute Arbitrator, Force Majeure Clause Dispute – Reasonable Fees and Good Availability – Gilbertson Davis LLP Arbitration and Mediation Chambers

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorAgency Arbitrator, Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Civil Litigation, Commercial, Commercial Arbitration, Commercial Arbitrator, Commercial Contracts, Commercial Lease Arbitrator, Condo Arbitrator, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Employment Dispute Arbitrator, Energy Arbitrator, Enforcement of Foreign Arbitral Awards, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

Contract Dispute Arbitrator  An arbitrator, or an arbitration tribunal, obtains jurisdiction to adjudicate and decide a dispute from an agreement / contract which has been made by the parties to the arbitration. This jurisdiction is not typically provided by legislation, though there are exceptions, such as the arbitration provision deemed by statute to be included in a condominium declaration. Even if there is no arbitration clause in the contract or agreement made by the parties and a dispute arises, then parties to that contract may still agree to have their dispute determined by arbitration. The parties to a contract may prefer to have a dispute determined by arbitration, since it is presumptively a confidential process, it may be faster and less expensive than going to court, or they may wish to participate in the selection of the adjudicator. Common Contractual Issues Arbitrated – Cancellation and Force Majeure Clause  One of … Read More