We are pleased to announce Kimberley Landoni has been selected as one of 6 successful candidates to represent the Central West Region on the Ontario Bar Association Council. Kim replaces Cherolyn Knapp following her completion of six years serving on OBA Council.
Kim was called to the bar in June 2015 and is an associate lawyer at Nelson, Watson LLP. She practices mainly civil litigation, employment and human rights law with Cherolyn Knapp and Heather MacDougall. Kim grew up in Arthur and plays roller derby in her spare time.
Nelson, Watson LLP is moving! As of August 1, 2016, our address will be 15 Lewis Road, Guelph. The new office is easily accessible from the Hanlon Expressway/Hwy 6 and Speedvale Avenue. There will be ample parking, meeting rooms and work space for our team. Here is a map of the new location. Our other contact information will remain the same. Stay tuned for more details!
Wolfe, Smith & Forster LLP will stay at its downtown Fergus location at 140 St. Andrew Street West, Fergus.
Cherolyn Knapp spoke to CTV Kitchener and Abigail Bimman for their 3-part series, “Up to Speed“. Cherolyn explained that when a municipality or other level of government undertakes a public works project that causes business losses, businesses can seek compensation for Injurious Affection. The remedy arises under Ontario’s Expropriations Act (even when no land was expropriated).
Claims can be brought by commercial landlords or business owners and must be started within 12 months after they become aware of actual losses. It is not permitted to sue in Court. A claim is commenced by serving notice on the Municipality and filing it with the Ontario Municipal Board. The business claiming compensation has to prove:
- the loss resulted from an act of an entity exercising statutory authority (i.e. a provincial government or municipality);
- the loss resulted from a substantial interference with the business’ operations and the interference was unreasonable (i.e. the interference has to be substantial, not minimal); and
- the loss resulted from the construction of the public work, not its use or operation (i.e. the fact of the construction of an LRT line, airport, highway, as opposed to the later use or operation of that public work).
Businesses should maintain financial records including records of when and how the losses were incurred, records of communications from the municipality, photos, notes and video recordings with time and date stamps of actual construction interference. They may also likely need to obtain expert reports from accountants and engineers to give opinions on the losses and the unreasonableness of the interference.
The upshot is that we all benefit as a society from improvements to public works and infrastructure. The law of injurious affection, as laid out in the Expropriations Act, requires that governments such as municipalities or the Province compensate business owners for the business losses caused by those projects.
Click here to see the 3 part Series. Part 3: “Can You Sue for LRT Construction” includes Cherolyn’s interview.
For more information, contact Nelson, Watson LLP in association with Wolfe, Smith & Forster LLP and ask to meet with Cherolyn Knapp’s litigation team about a potential injurious affection claim.
Cherolyn Knapp knows a thing or two about negotiation. As a lawyer and partner with Nelson, Watson LLP/ Wolfe, Smith & Forster LLP, she provides legal advice and representation in various types of disputes and has represented clients before all levels of Court in Ontario.
Cherolyn’s approach to dispute resolution focuses on negotiation and mediation to achieve out of court settlements, and seeks court determination of disputes that cannot be resolved.
We can’t wait to soak up her experience and expertise in her afternoon session “The Art of Negotiation” at Ignite-Empower-Innovate 2016, Women Leading in the New Economy – A Women’s Leadership Conference celebrating International Women’s Day. Read on to hear more from Cherolyn: 5 Questions with Cherolyn Knapp
Nelson, Watson LLP, in association with Wolfe, Smith & Forster LLP, is pleased to announce the addition of paralegal services to its roster of legal services. Alyssandra Dunn, a licensed paralegal, has joined the litigation team. She will provide legal advice and representation in Small Claims Court, Landlord Tenant Board and other Administrative Tribunals. Ally graduated from Western University in 2012 and became a licensed paralegal in 2015. We are pleased to welcome Ally and to provide paralegal services at an affordable cost in our community.
Kimberley Landoni was called to the bar on June 18, 2015. Nelson, Watson LLP is pleased that Kim has joined us as an associate lawyer following completion of her articles at the firm. She will practice mainly civil litigation, employment and human rights law with Cherolyn Knapp and Heather MacDougall. Kim grew up in Arthur and plays roller derby in her spare time. Congratulations Kim!
Nelson, Watson LLP and Wolfe, Smith & Forster LLP are officially associated as of January 1, 2015. Both firms will continue to operate under their original names at their downtown locations in Guelph and Fergus. Combined, the two firms offer a broad range of legal services with 10 lawyers and teams of experienced legal support staff. Both offices look forward to continuing to care for clients in Guelph and Wellington County.