FEBRUARY 2012 Big Wins Lawyer Publications Lawyers Presenting Lawyer Award Social Media To download a printable version of this newsletter, click here Robert Choi On January 10, 2012, Robert Choi of our litigation department won a Superior Court application, Parker v. Bartlett et al. [2012] O.J. No. 139, in which he acted for the Respondent, Stephen Bartlett. The case involved a novel issue regarding whether a residential tenancy of a land lease home may be terminated for an alleged violation of the Planning Act, R.S.O. 1990, CHAPTER P.13 and whether the court had jurisdiction over the eviction issue. In an eight-page decision, Kruzick J. held that the Landlord and Tenant Board had exclusive jurisdiction regarding this matter and dismissed the application. The decision confirms that a residential tenancy may be terminated only by the Landlord and Tenant Board in accordance with the Residential Tenancies Act, S.O. 2006, CHAPTER 17.
LAWYER PUBLICATIONS Franchise Canada: Ask a Legal Expert by Jonathan Zepp Q: I have incorporated my franchised business. Do I have any personal liability? A: The hallmark of corporations is that a shareholder is not liable for the obligations of the corporation. Nonetheless, you, the shareholder of a franchisee corporation, are probably not off-the-hook. Sure, you make certain the corporation complies with corporate law. You (let's presume you are also a director and/or an officer) only act within your corporate authority. Yet, your shield from personal liability can be withered away. Even if you can protect yourself from some liabilities, you will have to assume others as a risk of doing business. To Continue reading Jonathan Zepp's article, Click Here When Colleagues Become Combatants: Verbal Threats in the Workplace and the Effect of Bill 168 by Barbara Green Bill 168, Ontario's new anti-harassment workplace legislation, has widespread implications for both employers and employees. A recent arbitrator's decision makes it clear that verbal threats, even without physical violence, may be sufficient grounds to justify a termination under Bill 168. For more information about this decision and Bill 168, please click here. Landlord Liability to 3rd Parties for Failure to Repair by Darrell Gold Many residential landlords may assume that if their lease forms provide for their tenants to be responsible for maintenance and repair of the premises, then the landlord is not responsible if someone is injured or if property is damaged on the premises as a result of a failure to maintain or repair and a lawsuit is brought against the tenant and landlord. To read this article, please click here.
Caution is the Watchword: Taking Stock of the Toronto Real Estate Market by Leor Margulies Over 2,200 delegates attended the two-day Real Estate Forum at the Metro Toronto Convention Centre in early December to hear industry experts and economists look back at 2011 and prognosticate on what the real estate industry will look like for 2012. Some interesting statistics emerged. To read this article, please click here. Marketing Unsold Condos: How to fill vacant units in a competitive market by Tara Welat As the myriad of condominium projects in the GTA approach completion, developers might consider the option of offering rent-to-own units as a way of marketing their unsold units. To read this article, please click here. What's the Future of Glass Houses? from Canadian Lawyer Magazine featuring Leor Margulies To read this article, please click here.
LAWYERS PRESENTING David Schlesinger David Schlesinger presented on the topic "Dealing with Non-Resident Beneficiaries" for the Jewish Foundation of Greater Toronto, Professional Advisory Committee, on December 1, 2011. David's presentation included a discussion of the numerous issues and pitfalls surrounding non-resident beneficiaries of Canadian trusts and estates as well as techniques to address such issues. David Schlesinger presented on the topic "Probate Planning: What Advisors Should Know" for the The Canadian Shaare Zedek Hospital Foundation, Professionals Speaker Series held on September 22, 2011. David's presentation focused on Ontario probate tax and how it can be minimized or even eliminated through proper planning, as well as reviewing common pitfalls seen in probate tax planning. David Schlesinger co-presented on the topic of "Post Mortem Estate Planning" at a tax conference in Provence, France, hosted by Cidel Financial Group on September 12, 2011. David's presentation focused on tax planning techniques and related issues in addressing the Canadian income tax consequences arising on death. David Shlagbaum In November, 2011, David Shlagbaum, along with Mark Groulx and best selling author, Tom Deans, presented on the topic Maximizing the Family Jewel: Transition Planning Strategies to Optimize Business Value before a sold out crowd at U of T's Rotman School of Management, as part of Rotman s Privately-Owned Business Experts Speaker Series. If you missed the presentation, click here to see the video. Jonathan Zepp Jonathan Zepp was a presenter at the Canadian Franchise Association Law Day on February 3, 2012 leading lively and informative sessions concerning issues that arise on the repurchase of franchised locations by franchisors.
Ronnie Appleby In 1948, with the creation of the State of Israel, a new form of Canadian communal expression in support of Jewish National Fund came into being. It was called the "Negev Dinner" which was created to honour outstanding communal leaders and significant events in Jewish life and, in so doing, gathered support for development of the Negev desert region, which constituted some 60% of the land area in the newly formed Jewish State. The first Negev Dinner in Canada was held in 1948 hosted in honour of the newly formed State of Israel and was sponsored by Jewish National Fund of Toronto. Ronald Appleby Q.C along with Harley Mintz and Honey Sherman were the dinner chairs and presented John Tory the citation as the 63rd annual JNF Negev Dinner honoree. LAWYER AWARD Leor Margulies On Tuesday evening at the BILD Chairman s Dinner held on January 21, 2012, which was attended by over 500 guests, Leor Margulies was honoured to receive the Chair s Award of Merit from the current Chairman, Paul Golini of Empire Communities. The award is given to a member who has shown dedication and made significant contributions to the BILD Association over the years. Leor has served on the BILD board and executive committee since 1999.
SOCIAL MEDIA Please follow us on Twitter @RobAppTaubLLP and receive up to the date news and notices. We would love to hear from you. Bridge Beat With so much happening in the Real Estate sector, Robins Appleby & Taub LLP Bridge Beat has been quite active over the last couple of months. Toronto has been on the map with a lot of real estate news. Please check out what our Real Estate team is saying, here The comments contained in this article provide general information only and should not be relied upon as legal advice. Further particulars on the matters summarized in this report, their implications and suggested courses of action, can be obtained from Robins Appleby & Taub LLP using the contact information provided herein. 2600-120 Adelaide St. West Toronto, ON M5H 1T1 T. 416 868 1080 F. 416 868 0306 www.robinsapplebyandtaub.com This e- mail is being sent to you as a contact of our Firm. If you do not wish to receive any further e- mails, please do not hesitate to contact us.