Excitement About Easements
November 10, 2020 By Brian Babcock The power to expropriate does not change the test that applies when a municipality or other public authority claims that they have acquired a prescriptive easement (better known as title by adverse possession). Although the courts have been reluctant to recognize claims of adverse possession by private parties, they appear […]
The Cost of Public Interest Litigation
October 26, 2020 By Brian Babcock Determining that a proceeding is “public interest litigation” may have significant costs consequences. This is because courts recognize that access to justice has greater importance in public interest litigation than in disputes between private parties. “Public interest” does not mean that the parties are always public bodies. Private citizens may […]
Damages 101
October 26, 2020 By Brian Babcock The objective of calculating damages for a breach of contract seems simple – the injured party, or plaintiff, is supposed to be placed, so far as money can do it, in the same position they would have been in if the contract had been performed. This is sometimes called the […]
Nipigon Office Open
Did you know that Weilers LLP has a satellite office in Nipigon? A lawyer is available to meet with you in our Nipigon office on specific Wednesdays each month. If you would like to meet with a Weilers lawyer in Nipigon, please call 807-623-1111 to confirm which weeks our lawyer will be in the office […]
Racial Slurs May be Grounds to Terminate
October 16, 2020 By Brian Babcock Racial slurs have no place in the workplace, and may be grounds to terminate for cause. A recent arbitration award, Levi Strauss & Co. v Workers United Canada Council, 2020 CanLII 44271 begins by noting that at one time, verbal clashes between coworkers, even ones involving racial insults were not […]
Trusts vs Agency
October 16, 2020 By Brian Babcock Trusts and agency are both legal concepts about relationships. Perhaps because of this commonality, people often confuse the two. They are quite different and recognizing which relationship exists in a particular situation may be crucial to understanding what your legal rights and responsibilities might be. There are many differences. Some […]
Do Not Sleep on Your Rights
October 8, 2020 By Brian Babcock If you are wronged, or even think you are wronged, you almost always have a time limit that applies to when you must start a proceeding to protect your rights. In Ontario, that is generally two years from the date when your claim is discovered by you. There are exceptions, […]
Errors of the Parents
September 29, 2020 By Brian Babcock According to a recent Superior Court decision in estate litigation “the errors of the parents are oft visited on their descendants.” Disagreements created by bad estate planning decisions often lead to costly law suits which do nothing to promote family harmony. There is a reason why Charles Dickens’ classic novel […]
“To Sue or Not to Sue?” That is the Question
September 23, 2020 By Brian Babcock “I was never ruined but twice: once when I lost a lawsuit, and once when I won.” So said the French writer Voltaire, commenting upon the cost of winning a law suit. As litigation lawyers, we love taking on your law suits. For most of us, a day in court […]
Human Rights and Arbitrations
September 23, 2020 By Brian Babcock May unhappy unionized employees take a grievance to an arbitrator, and at the same time apply to a human rights tribunal? Allowing two proceedings to address the same or similar complaints is inefficiency, both in terms of cost and the risk of inconsistent rulings. In Ontario, this problem is reduced […]