ARTICLES

April 18, 2024 By Brian Babcock  Cases related to loss of employment due to COVID shutdowns continue to work their way through the system. Employers...

April 16, 2024 By Mark Mikulasik Commercial leases typically contain a clause which restricts the type of use that the tenant can have in the...

April 11, 2024 By Nick Melchiorre  The law of possessory liens in Ontario is governed by the Repair and Storage Liens Act. This law attempts...

April 9, 2024 By Jonathon Clark  An estate trustee has a right to be indemnified for its proper costs and expenses. An estate trustee may...

April 4, 2024 By Brian Babcock  We have written before about resulting trusts, and the case of Pecore v Pecore which says that when you...

April 2, 2024 By Jonathon Clark  We recently wrote an article about what to do if you are sued. But what about if you want...

March 28, 2024 By Mark Mikulasik In our modern casual world, we seldom need to be precise about being on time. Thus, we develop bad...

March 26, 2024 By Jonathon Clark  Now that we know what an examination for discovery is, it is time to talk in greater detail about...

March 21, 2024 By Nick Melchiorre  Judicial review is like an express lane towards a court decision – it is only available to review administrative...

March 19, 2024 By Jonathon Clark  A settlement agreement between parties to a lawsuit is a contract, and will  be enforced by the court where...

March 14, 2024 By Brian Babcock  A spouse may not pursue a claim that the other spouse has a beneficial interest in a property held...

March 12, 2024 By Jonathon Clark  After pleadings are exchanged in a civil litigation action, the next step in the litigation is to schedule examinations...

March 7, 2024 By Mark Mikulasik IS THAT WILL VALID? I am writing this in November, which is “Make A Will Month”, but not just...

March 5, 2024 By Jonathon Clark  No one really WANTS to be a witness, but sometimes we have no choice. Courts run on evidence, and...

February 29, 2024 By Mark Mikulasik When the Construction Act replaced the Construction Lien Act one of the amendments we liked was the apparent ability...

February 27, 2024 By Brian Babcock  Ontario’s Employment Standards Act (or ESA) provides a complaint resolution process. THE ISSUE As a result, a provision in...

February 22, 2024 By Jonathon Clark  People starting a risky business venture – which is pretty much everyone starting a new business- are frequently to...

February 20, 2024 By Brian Babcock The Court of Appeal continues to make it difficult to obtain insurance payouts for the COVID pandemic’s effect on...

February 15, 2024 By Jonathon Clark Have you read your commercial general liability policy? Coverages under these policies vary significantly. Unlike auto policies they are...

February 13, 2024 By Mark Mikulasik Beware the time limit to apply for judicial review of an administrative decision. The  Judicial Review Procedures Act  provides...

February 8, 2024 By Nick Melchiorre In a previous article, we explained the concept of “clean hands” and how equity will not assist someone who...

February 6, 2024 By Brian Babcock Spoliation is the legal term for the intentional destruction or concealment of relevant documents, in a lawsuit, or when...

February 1, 2024 By Brian Babcock Employees in Ontario dismissed without cause are entitled to reasonable notice of termination or pay in lieu of notice....

January 30, 2024 By Nick Melchiorre The duty of good faith performance of contracts continues to be defined by the courts. A recent Ontario Superior...

January 25, 2024 By Mark Mikulasik An equitable mortgage differs from a legal mortgage but has somewhat similar effects. As the Ontario Court of Appeal...

January 23, 2024 By Jonathon Clark The terms of an employment contract will not override the reasonable expectations of a substantial shareholder under the oppression...

January 18, 2024 By Mark Mikulasik An order of the Ontario Land Tribunal may be appealed to Divisional Court, on a question of law only,...

January 16, 2024 By Nick Melchiorre Take care when blending personal relationships with business. That is the moral of the story in Gojkovich v Buhbli...

January 11, 2024 By Brian Babcock A right of first refusal (ROFR) may be a valuable aspect of a business agreement. No wonder that there...

January 9, 2024 By Brian Babcock If you are involved in a corporate dispute, such as a fight between shareholders, consider a sealing order to...

January 4, 2024 By Brian Babcock It is a classic Jackson Browne song of course, but a “stay” in court terminology is an order of...

January 2, 2024 By Jonathon Clark If you are served with a statement of claim (or in Small Claims Court, a claim), the first thing...

December 28, 2023 By Brian Babcock Did you know that even an innocent misrepresentation on an application for insurance can result in a denial of...

December 26, 2023 By Brian Babcock THE ISSUE In most situations, it is impossible to sue the tribunal, its members, or the Crown. If you...

December 21, 2023 By Brian Babcock One ground to object to the selection of a decision maker- be they judge, be they arbitrator – is...