Social Host Liability: Risks And Responsibilities
December 31, 2015 By Brian Babcock NOTE TO READERS: This story was originally published on our website on November 5, 2006. The Childs case is still the latest word on social host liability from the Supreme Court of Canada. Several lower court judges have refused to dismiss cases involving social host liability at pretrial stages, because of the factual […]
Are You Considering Purchasing A Condominium Unit?
[vc_row][vc_column][vc_column_text]November 25, 2015 By Jonathon Clark With our increasingly busy lives these days, the maintenance-free lifestyle of condominium units becomes more appealing. Over the last ten years, there has been a huge boom in condominium construction in cities like Toronto and even Thunder Bay. When purchasing a condo, the purchaser has to be aware that although […]
So You Just Bought Some Vacant Land…
[vc_row][vc_column][vc_column_text]November 18, 2015 By Jonathon Clark Perhaps now you have big plans to cut down all of the timber on the property. Most people simply assume that they can harvest the timber on their property and either use it themselves or sell it for profit. These people may be surprised to learn that sometimes it is […]
What Business Are You Insuring
[vc_row][vc_column][vc_column_text]August 5, 2015 By Brian Babcock If the nature of your business has changed over time, it pays to check your insurance coverage. When you apply for commercial insurance, you tell the insurer the general nature of the business, and that is an important factor in setting the premiums. Because of this, if your business changes, […]
Family Feuds And Estate Mediation: Serious Problem Meets Possible Solution
[vc_row][vc_column][vc_column_text]July 15, 2015 By Fhara Pottinger Is your family on the verge of a serious breakdown due to events that came out of someone’s Will or Power of Attorney? Are people taking sides? Have conversations become screaming matches? Has everyone descended into a tense silence? You may be in the midst of an Estate dispute. Disputes […]
Taking Arbitration Clauses Seriously
June 19, 2015 By Brian Babcock Canadian courts are increasingly willing to enforce the terms of arbitration clauses in commercial agreements. Canadian businesses need to learn to take these clauses seriously. For many years, even decades, our clients did not take commercial arbitration clauses seriously, and for good reason. If a dispute arose, even if the […]
The Principle Of Buyer Beware In Contract Law
[vc_row][vc_column][vc_column_text]June 10, 2015 By Mark Mikulasik Co-Authored by Jon Clark (Student at Law, Weilers) Love them or hate them, the reality is that contracts are part of our everyday lives. For many the first experience with the law is when faced with a contract for something as simple as a cell phone or the purchase of […]
Mobility Rights And Relocation In Family Law
[vc_row][vc_column][vc_column_text]May 22, 2015 Change is a fact of life for all families, and this is particularly true in the area of family law when it comes to determining what will happen when the parent with legal custody of a child decides to relocate after a separation. There may be many reasons for a move, perhaps […]
Marriage With A Business – Consider A Marriage Contract
[vc_row][vc_column][vc_column_text]May 12, 2014 By Brad Smith What happens when a husband and wife separate and they are partners in a business? Can one spouse be required to buy, or sell, his or her interest in the partnership? The Ontario Court of Appeal said no in the decision of Danecker v. Danecker. The Court confirmed that separated spouses are not […]
Dependent Contractors And Reasonable Notice Of Termination
[vc_row][vc_column][vc_column_text]May 12, 2015 By Brian Babcock Substance usually defeats form in law, and wrongful dismissal law is no exception. Calling someone a contractor, but treating them similar to an employee, may trigger obligations of reasonable notice of termination. Thus, it comes as no surprise that in a recent trial decision, an Ontario Superior Court judge decided that […]