General & Commercial Litigation

Let the Buyer "Beware" By Brad Smith Ghosts and goblins can play a role in the law. There is Latin phrase, caveat emptor, which means, let the buyer beware. This was never so true in a recent court case, 1784773 Ont. Inc. v K-W Labour Association et al. October 30, 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
What are “Aggravated Damages”? By Brian Babcock Aggravated damages are intended to compensate for an actual loss such as anxiety or nervous shock beyond economic losses, or in rare cases, beyond general damages for pain and suffering and loss of enjoyment of life. February 13, 2017
What Is “Consumer Surplus”? By Brian Babcock Traditionally, courts award damages for breach of contract mainly from a commercial viewpoint- asking questions such as “what additional expenses did the breach cause?” or, sometimes “what was the loss of profits suffered?” January 3, 2017
A Lawyer’s Twelve Days of Christmas By Brian Babcock On the first day of Christmas my client asked me “who owns a partridge in a pear tree?”

I answered that no one owns wild game, but domestic fowl are another tale indeed.
December 16, 2016