SPIS Case Comment - Krawchuk v Scherbak

We regularly speak at the Durham Region Association of Realtors’ Education Day. Every time, we are bombarded with questions regarding the Seller Property Information Sheet ("SPIS"). In 2009, we spoke about the Sudbury case of Krawchuk v. Scherbak, a 2009 case of the Superior Court of Justice. In 2004, the Scherbaks met real estate agent Wendy Weddell at an open house. They hired her to buy a house and also retained her to list their house. Ms. Weddell met with them and they signed a listing agreement and completed an SPIS for the property.

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Ontario Court Decision Means Internet/Email Policies are Essential

It seems that we scooped the Court of Appeal! Last week, I posted a revised version of a column I wrote 11 years ago regarding Internet and E-mail policies. I used to say that these policies should not be necessary, but I have changed my tune and I think they are now a must. Why? To eliminate any misconceived notion that an employee might have that they have a right to privacy in what they do on the employer’s computers.

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Internet and E-mail Policies

Do you have an Internet/E-mail Policy? I used to say it is unnecessary. Not anymore.

You don’t have (nor do you need) a policy telling your employees that reading Cosmo or Motor Trend on work time is improper. You don’t need a policy telling your employees not to write letters to their Aunt Minnie on work time. No employee will argue with this principle. (If your employee doesn’t agree, you might want to replace him/her!)

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Bill 168: the new Workplace Violence and Harassment provisions.

There is new legislation in Ontario that comes into force June 15, 2010. It is Bill 168: the new Workplace Violence and Harassment provisions. Bill 168 has created new obligations for all employers, along with significant penalties for non-compliance.

The following is a quick overview of what you need to do before JUNE 15, 2010.

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Wacko Litigant

Let me tell you about a fascinating fellow from Toronto. He will remain nameless for reasons which I will detail below.

One day, he tried to return a phone to a store. The clerk tried to help him, but his receipt didn’t match the price for the item and he wanted a cash refund for a credit card purchase. The clerk noticed the security tag still on the phone.

She called her manager, who asked her to call mall security. Before security had a chance to even speak to this guy, the guy assaulted him. He was arrested.

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