Articles on General and Commercial Litigation
Court Reform Features increases to Limits of the Small Claims Court and Simplified Rules
Brad Smith
February 1, 2010
Several important changes affecting the civil courts designed to increase access to justice, reduce delay and lower the costs of court proceedings came into effect on January 1, 2010. The changes make court proceedings more economical. Previously, a person may have not pursued a claim, or settled it unfavourably, because of the legal costs and delay. Now a person may be more inclined to pursue a claim, or defend a claim, whether in the Small Claims Court, Simplified Rules or ordinary rules
New Defamation Defence Balances Charter Values
Brian Babcock
November 27, 2007
Ontario's Court of Appeal recently decided to recognize the English defence of "public interest responsible journalism" in a claim of defamation.
The case involved a series of articles in the Ottawa Citizen, which the Plaintiff argued were untrue and defamatory. The paper could not rely upon defences of truth and fair comment, which traditionally require proof of substantially all of the underlying facts, because it could not prove some of the facts.
Noisy And Nuisance Neighbours
Brian Babcock
December 28, 2006
Examples of “nuisance neighbours” are almost endless. We always recommend trying to resolve disputes directly through friendly discussion. Unless selling is an option, the relationship will continue long after the current dispute is resolved. Unfortunately, some people, there’s just no talking to.
Error In Tender Amount Costs Contractor $434,000 – Court Says Bid Cannot Be Withdrawn
Brian Babcock
February 23, 2006
Ontario’s highest court recently ordered a construction contractor to pay $434,000 in damages for refusing to perform a contract after it made a $557,000 error in its tender bid. The court would not allow the contractor to withdraw the bid.
Pedestrian Vehicle Accidents: Right Of Way Not Absolute
Brian Babcock
June 01, 2005
Every year we hear stories of tragic accidents involving vehicles and pedestrians. Traffic laws, and fault based insurance claims are deterrents, but compensation for accident victims can never replace their losses. Greater caution on the part of drivers could reduce the risk of these accidents, but pedestrians share the responsibility for their own safety.Recognizing that rights come with responsibilities is an important safety reminder as much as it is part of the liability puzzle in the event of a court action.
In Ontario, as in most provinces, the law recognizes that pedestrians are generally entitled to the right of way over motor vehicles. This is sometimes said to be because vehicles can cause great bodily injury to pedestrians.
Ontario’s Highway Traffic Act provides the right of way, at pedestrian crossovers, in section 140. It goes further, however, in section 193, to establish that in a collision between a motor vehicle and a pedestrian, the onus is on the driver to prove that the accident was not the driver’s fault.
