Articles

Taylor Swift and a Dollar in Damages By Brian Babcock Taylor Swift only sued for one dollar in damages in her counter-suit for assault against the former radio DJ who had sued her for allegedly ruining his career. Odds are you know the story. August 15, 2017
The Meaning and Effect of Hiring an Employee on Probation By Brad Smith There is a presumption that an indefinite employment contract can be terminated by providing the employee with reasonable notice. This includes short-term employees. This presumption is overcome if the parties agree to a period of probation. The Ontario Court of Appeal has clarified the meaning of a probationary employee and the effect of probation. July 18, 2017
Beware the Will-Kit Part II: Powers of Attorney In my first post, "Beware the Will-Kit: The Costly Consequences of a $9.99 Will", I discussed the importance of a lawyer-made Will. The same principle applies, if not more so, to Powers of Attorney. Similar to Wills, there are very specific legislative requirements as to the proper execution of Powers of Attorney, and failure to comply with any one of them could mean that your “DIY” documents are not legally valid. June 15, 2017
WHAT TO DO WHEN THE DEAL GOES BAD? By Brian Babcock The purchase of a new home can be one of the most exciting times in anybody’s life.

But what about when the deal fails to close?

If you are the innocent seller, you likely will either simply forfeit the deposit as liquidated damages and carry on; or remarket the property, and sue the defaulting purchaser for expenses and any lower purchase price.
May 31, 2017
What is Mitigation? By Brian Babcock Mitigation is a principle of the law of damages which limits the recovery by a Plaintiff. The core principle is that a Plaintiff cannot recover losses that can be avoided by taking reasonable steps. This levels the playing field out of a desire for fairness to defendants. A Plaintiff should be put back in the position they would be in but for the Defendant’s wrong, but not in a better position. May 4, 2017