Beluli Giannotti Law Firm
3630 Rhodes Drive, Bldg 200, Suite 100 N8W 5A4 Windsor, ON, Canada

Social Media Posting and Lawsuits

Do You Still Have to Pay Your Bills and Business Rent During COVID-19 Pandemic? The last 4 weeks have been frightening for most business owners who have seen their source of money shut down by a closure order for non-essential businesses, or a severe drop in business even for essential businesses. I have been receiving many calls from clients seeking advice and direction on whether they must legally pay their bills and rent to their commercial landlord. On the flip sid...e, clients who are owed money are asking whether they have to accept reduced or delayed payments from customers due to COVID-19. Unless specific wording in your contract contemplates and allows for reduced or delayed payments in circumstances such as COVID-19, then a debtor is required to make the payments and a creditor is entitled to demand full payment be made. However, most creditors and landlords may be open to discussing and negotiating alternate payment terms despite the terms of the governing contract due to the circumstances. It is not in the best interests of a creditor or commercial landlord to have a debtor or tenant face bankruptcy. It may make more sense to delay or accept a reduced payment allowing the party to ride out the storm until they are again operational and making money. Any agreed modification to a contractual arrangement should be set out in writing and specifically address: a) whether the payment is being waived entirely and for how long; b) whether the payment being reduced temporarily; by how much; for how long; and does the reduced portion need to be paid at a later date (deferred) and if so, how will it be paid (over time? Lump sum?) so there is no inadvertent waiver of a right to claim full payment at some time in the future. Generally, commercial tenants are required to pay rent under their commercial leases regardless of COVID-19 without abatement or set-off. However, a commercial agreement may contain what is known as a force majeure clause which may deal with a circumstance such as COVID-19. Some lawyers with whom I have discussed this have raised the argument that the contract can be considered to be frustrated by an act of God, and thus no further payments are necessary. Court decisions generally do not support this argument for avoiding lease payments as a result of a pandemic. Landlords have an interest in having their buildings rented not in seeing their tenants gone. Accordingly, it makes sense for all parties to discuss and negotiate modified terms of their relationship even if it is done for one month at a time. Each contract is specific to the parties and you should have your situation assessed and reviewed by a lawyer before taking any steps and have a lawyer reduce any modified agreement to a written document. Contact us to review and reduce any agreement to written form to protect you.

Extra! Extra! Get Your Extra Accident Benefits Now! By Anthony Giannotti Mar 2020 My clients know that whether they meet with me regarding any type of issue, I always bring up the subject of their auto insurance policy and ask if they have added the optional benefits. In 99% of the cases, the answer is what are you talking about? Most Ontario drivers are unaware that they much more coverage available to them in the event they are injured in a motor vehicle accident above...Continue reading

Why have a Will? Having a Will is very important as it gives you a voice as to how you wish to have your property and other affairs dealt with after your death.... A Will ensures that your property and money will go to those persons you wish to receive them. Without a Will, the Ontario's Succession Law Reform Act sets out how your estate is distributed. If you own a business, a Will can help ensure a smooth transition or sale of the business. A Will also provides you with an opportunity to do some tax planning, such as reducing Estate Administration Tax and reducing income taxes by making a donation to charity. A Will also allows you to select who will be in charge of your estate (called the Executor), ensuring that a person you trust will have the authority to administer your estate. Without a Will, the Estates Act sets out who may apply to act in that role. If you have minor children, having a Will is very important as it provides you with the opportunity to let the court know who you wish to be appointed as the legal guardian of your children. As well, a Will can place your children’s inheritance in a trust that your executor can control, and your Executor can use that money to pay for your children’s education, health and well-being. Without a Will, your children will likely have full access to their inheritance when they turn 18. Dimitry (Jim) Beluli has been assisting people with preparing their Wills for over 25 years. Contact Jim to make an appointment to assist you in preparing your Wills.

"Your Dog is So Cute"... What you should know about Dog Bites in Ontario. Contrary to popular belief, the first bite is not "free". This simply means whether o...r not a dog has bitten someone before is irrelevant. When a dog bites someone in Ontario (without provocation), the provisions of the Dog Owner's Liability Act apply. As an owner or person in charge of walking or watching a dog, you can be held liable for a person's physical and psychological injuries if they are attacked. Remember, no matter how gentle or trained a dog is, the potential for a bite always exists. Good things know below: If you or someone you know is attacked by a dog: 1) Find out as much contact information as possible about the dog and its owners such as where they live, their name, etc. 2) Get medical help immediately! Go to the hospital, clinic, or call an ambulance. The medical professionals will report the incident to the public health authorities. 3) Contact animal control to find out if perhaps the dog has a history of aggression. They may charge the owner or ordered to take other steps to ensure that the dog is no longer a threat to public safety;. 4) Document your injuries by ongoing taking pictures, videos, notes, and keep all prescriptions and out of pocket expenses documented; 5) Check with the local public health and animal control authorities to determine if the dog is up to date with its vaccinations and whether you rabies vaccines; 6) Contact us for a free evaluation of your potential case. If your Dog attacks someone: 1) Find out as much information as possible about the person attacked; 2) Contact your vet and gather up the documentation proving your that your dog is current with its shots/rabies vaccine. It is wise to have this information on hand or you could be ordered to quarantine your dog for a period of at least 10 days; 3) Contact your home insurer and advise of the incident. Most policies have coverage for this type of occurrence. 4) Lastly, use common sense and tell people not to suddenly approach your dog, grab it, try to kiss it (no matter how adorable it is) etc. If your dog goes crazy for kids on bikes or skateboards, lock the gate and take precautions. Most bites result from circumstances that could have been foreseen or prevented. Be aware and take proactive measures.

Famous Last Words: What Could Go Wrong? This post was inspired after visiting a friend's house on the weekend where he had a man doing some work. My heart was... in my mouth as I watched this man take on projects with little or no safety equipment, placing himself and others at risk of injury. A month earlier, I witnessed a neighbor hire a rag-tag group of men who re-shingled his roof without tie-offs, wearing running shoes, or any safety equipment. It was a disaster waiting to happen. I'm sure the men working were unknown to the homeowner. Thankfully nothing serious happened although I did witness one worker fall and get the wind knocked out of him. Being the one who usually sues for liability, my mind also works to avoid it where possible. Summer is the time of year where people tend to tackle home projects they've put off for years. Often, they find a friend who "knows a guy" who can "do everything." After all, they used him and saved a ton a money and the job was done well. Many times however, the "guy" is not a professional, is not insured, and does not have proper equipment/safety gear for the job. He often wants cash for the job and offers no receipt and no contract for the work. What happens if he doesn't finish the job? If he damages your property or worse, if he gets hurt or hurts someone else? That is his problem, right??? Not necessarily so. Here is what you should know: a. It is crucial that you check out the person to verify that you hire qualified, experienced, and insured (both liability and WSIB - more below on this) contractors to do the job. b. You must also ensure that you obtain the required building permits if renovations or additions are part of the work. Do you need a plumbing permit? Electrical permit? Other permit for the intended work? It is easy to find out. Just call your local municipal authority and ask. c. Get online and do your research on potential contractors. Check qualifications, get references, and ask for proof of insurance. Get it in writing and never pay cash. Get written estimates, including start and completion dates for renovations, and itemized costs. You should prepare a written agreement which includes the parties names, addresses, contact information, the scope of work to be done, the time for completion, the price, payment terms, etc. Depending on the size of the project, you may want to hire a lawyer to do that for you. d. Don’t forget your permit. Major renovations may require a legal permit to ensure that the work meets local building codes. Occupier’s Liability The Occupiers' Liability Act places a duty on you as owner/occupier of a premises, to take reasonable care of persons entering and exiting the premises. In plain English, this means you must ensure people are reasonably safe when they are the premises you control. You have a legally mandated duty to ensure your premises remain reasonably safe before, during, and after renovations, not only for visitors (even unexpected visitors like mail carriers), but also for the contractors assisting with the renovations themselves. Homeowners are not usually held to be liable for the actions of independent contractors, but you must exercise reasonable care in the selection and supervision of the contractor, and reasonably believe that they are qualified to do the work. You also must make sure your worker is aware of and adhere to all local bylaws during the project. If you fail to do so you could be found to have failed in your duties as an occupier to keep your property in a reasonable condition. Many municipalities require that tenants or occupant of a property shall comply with all of the standards. Most municipalities post their key by-laws on their websites. It’s a good idea to review the by-laws in your area and ensure your contractors are familiar with them as well. Proper Insurance - I'm Covered Right?? Before having any work done at your home, it is wise to call your insurance company and confirm that your home policy will respond to any claim for damage to your property or personal injury for the work being carried out. Ask your broker or insurer to email you confirmation that you are covered. WSIB Clearance Certificate A Clearance Certificate confirms that a contractor is registered with WSIB in good standing. It also provides proof that the contractor has WSIB coverage. A copy of the certificate can be requested at no charge by visiting www.wsib.ca and you should always request one. Alcohol/Cannabis If you are having work done at your home, insist that the worker be sober. It may be tempting to offer a cold beer to a worker on a hot summer day when they are sweating buckets. Avoid the urge and offer cold water instead. If you notice a worker drinking alcohol or smoking cannabis, or who appears intoxicated, you should ask them to stop working immediately. Remember, think ahead and act reasonably. Don't take unnecessary risks in the hope of saving some money. You'll thank me later for this advice.

New recording and disclosure requirements for Canadian privately held corporations Commencing on June 13, all privately controlled Federal corporations must maintain a detailed securities register of individuals with significant control over the corporation. Individuals include registered shareholders, beneficial owners of shares, individuals with direct or indirect control over the shares of the corporation, individuals who have direct or indirect influence that could resu...lt in control in fact of the corporation, and any individuals to whom prescribed circumstances apply (to be defined by future regulations). Individuals (either singly or jointly) shall be deemed to have significant control if they own or have rights in: (i) shares that carry 25% or more of the voting rights of the corporation’s outstanding voting shares, or (ii) shares that have a value of 25% or more of all of the corporation’s outstanding shares measured by fair market value. The information about individuals with significant control is to be recorded and maintained by the corporation in a register. The corporation’s shareholders or creditors, as well as the Canadian government and investigative bodies, may request access to the information contained in the significant control register. The corporation must update the significant control register annually, as well as within 15 days of becoming aware of any change or inaccuracy. Information on individuals in the register must be maintained for up to 6 years after that individual ceases to have significant control over the corporation, and the corporation then has 12 months to remove that individual’s information from the register, unless a another law requires a longer retention period. Not having or properly maintaining a significant control register is an offence punishable on summary conviction and may result in a fine of up to $5,000. Any director or officer of the corporation who knowingly records, provides, authorizes or acquiesces in the provision of false or misleading information in this register is liable on summary conviction to a fine of up to $200,000 or imprisonment of up to 6 months, or both. The significant control register laws form part of a global move by governments and other organizations towards greater transparency in corporate structures, with the aim of combating money laundering, terrorist financing and tax evasion. It is expected that Ontario will also implement similar laws to require the recording of individuals with significant control. Dimitry (Jim) Beluli has been a corporate commercial lawyer for almost 25 years. Contact Jim to assist you in maintaining your Federal Corporation's compliance with the new law.

I am pleased to announce that our firm was chosen by the Windsor Star readers as the best Law Firm in Windsor-Essex.