New Defamation Defence Balances Charter Values
[vc_row][vc_column][vc_column_text]November 27, 2007 By Brian Babcock 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 […]
Protecting Directors And Corporations With Directors & Officers Insurance
[vc_row][vc_column][vc_column_text]October 23, 2007 By Brian Babcock Many of us give back to our communities by serving as directors and officers of non-profit organizations. As with any other organization, officers and directors of non-profit organizations may be sued. There are also statutory liabilities for unpaid wages, withholding taxes, environmental infractions, and other matters. These are all designed […]
Top 10 Reasons To (Re)do Your Will
[vc_row][vc_column][vc_column_text]September 18, 2007 Who will take care of your family, investments or even your pets when you are gone? Who will arrange your funeral or memorial service? Do you want to be buried or cremated? If you do not provide your own answers to these questions, a set of arbitrary government rules will decide for […]
Go-kart Insurance Revisited: The Automobile Insurance Debate
[vc_row][vc_column][vc_column_text]August 27, 2007 By Brian Babcock Go-karts and similar recreational “toys” are particularly difficult to ensure, because, although they are vehicles, they are not automobiles, and therefore, automobile insurers are unlikely to insure them. Recently, a motions court judge in Southern Ontario considered an incident involving an amusement park go-kart. This judge extended coverage to the […]
Bullying And Harassment In The Workplace
[vc_row][vc_column][vc_column_text]July 6, 2007 Employers are required to create and maintain a safe workplace where employees are treated fairly with civility, decency and respect. Do you have the right policies in place? Courts are awarding significant damage awards to employees who have been bullied and harassed in the workplace. Employers must take effective steps to address […]
Accommodating Disabled Employees : How Much Hardship Is “Undue” Hardship?
[vc_row][vc_column][vc_column_text]July 5, 2007 How much hardship is “undue” hardship? The Supreme Court said that Employers continue to have an obligation to accommodate a disabled employee to the point of undue hardship. For employers trying to accommodate disabled employees, trying to define “undue” hardship is like trying to solve a rubik’s cube – the landscape just […]
Real Property, Fraud And The Land Titles Act
[vc_row][vc_column][vc_column_text]May 25, 2007 For a while the law certainly appeared to be an ass. The confusion did not start with the Ontario Court of Appeal decision in Household Corp. Ltd. v. Liu (2005) but that case is as good a place to start as any. Mr. and Mrs. Liu owned their matrimonial home as joint tenants. Mr. […]
The Obligation Of A Step-parent To Pay Child Support
[vc_row][vc_column][vc_column_text]April 10, 2007 By Brad Smith There are a variety of relationships in the modern family. This includes children from prior relationships. When there is a separation, does the step-parent have an obligation to pay child support for his or her non-biological children? A court may order the step-parent to pay child support. If the parties […]
Garnishment of a Bank Account: Some Comments
March 28, 2007 By Paul Jasiura Recently we obtained Judgment on behalf of a client and took the usual step of issuing a Notice of Garnishment against the Judgment Debtor’s bank account. We were surprised to hear back from the Bank that it would not respond to the Notice of Garnishment unless and until our […]
Slip And Fall: An Ounce Of Prevention
[vc_row][vc_column][vc_column_text]January 5, 2007 By Brian Babcock The exceptionally mild winter in Thunder Bay has lead us to observe that systems for outdoor maintenance (clearing snow or ice, preventing run off from freezing) may need to be updated. What was reasonable for one set of conditions may be inadequate in milder weather. For instance, salt and chemical […]