Weilers LLP

What is Judicial Review?

August 26, 2020 By Brian Babcock Judicial review is a process by which courts supervise decisions of administrative bodies, to make sure that the decisions are fair, reasonable, and consistent with the law. If a person (or corporation) is dissatisfied by an administrative decision, they may have a right of appeal, or may apply for judicial […]

Assignment of Contracts and Good Faith

August 21, 2020 By Brian Babcock Does an agreement that requires consent to its assignment carry with it an implied understanding that consent will not be unreasonably withheld? Commercial contracts often include a clause which requires the consent of one party to the assignment of the contract by the other party to an outsider. Where these […]

Rethinking Termination Clauses

August 19, 2020 By Brian Babcock If you are an employer, it is time again to review and update the termination clauses in your employment contracts. If you are employee who is terminated, think twice and get legal advice before accepting what your contract provides. Over the years, the Ontario Court of Appeal has not been […]

Undue Influence and Spousal Guarantees

August 19, 2020 By Brian Babcock There is not always undue influence when a spouse personally guarantees the corporate debt of their spouse’s business. A written certificate of independent legal advice is not always required to maintain the validity of the guarantee. Historically, courts have found undue influence makes a guarantee unenforceable in situations which typically […]

Trusts, Gifts and Family Law

August 14, 2020 By Brian Babcock It is important to know whether a transfer of property within a family is intended to be a gift or to create a trust. In particular, this can have significant impact on division of property in family law. The recent Court of Appeal case of Kent v. Kent began as […]

Family Law 101: Dos and Do NOTs of Family Litigation for the Uninitiated

August 14, 2020 By Margaret Waddington Do: Start a calendar or journal. Keeping track of who had care of the kids and when or where different events happened as close to the time is occurred as possible means that your memory will be fresher and you will have a record of events to support your […]

Reasonable Notice and Successor Employers

August 10, 2020 By Brian Babcock Workers who are terminated without cause are entitled to reasonable notice of termination. If adequate notice is not given, they may sue for wrongful dismissal. The court determines reasonable notice based upon the character of the employment, years of service of the employee, the age of the employee and the […]

Disgorgement of Ill-Gotten Gains

August 10, 2020 By Brian Babcock What is your remedy if someone breaches a duty to you that earns them a profit, but which causes you no losses? Or your losses are impractical to prove or measure? You might think that after hundreds of years, our legal system already has neat answers to these sort of […]