A Different Sort of Wet Basement Case
March 30, 2021 By Brian Babcock We see all too many cases where after a real estate deal closes, the buyer sues the seller (and often the realtor, home inspector etc.) because the basement flooded. These cases turn on evidence regarding disclosure, representations and duties. But it is different when the flood occurs before closing. […]
What is a “Quistclose Trust”?
March 30, 2021 By Brian Babcock A Quistclose trust is a trust created where funds are advanced to another person (or corporation) for a specific purpose, on the condition that they be used only for that purpose, and returned if they are not used for that purpose. The name comes from a British case where […]
I’ve Got a Secret
March 21, 2021 By Fhara Pottinger A trust created to take effect after you die must usually be in writing, because it forms part of your will, and in Ontario, the Succession Law Reform Act requires your will to be in writing. Sometimes, you might think about creating a secret trust, or its close relative […]
The Cost of Not Investigating Harassment Complaints
March 21, 2021 By Brian Babcock Failure to conduct a proper workplace investigation in response to a harassment complaint may be expensive. Ontario employers have an obligation to maintain a safe workplace under the Occupational Health and Safety Act. Harassment explicitly makes for an unsafe workplace. There is a similar obligation under the Human Rights […]
Protecting Your Good Name
March 16, 2021 By Brian Babcock Who steals my purse steals trash. ‘Tis something, nothing: ‘Twas mine, ’tis his, and has been slave to thousands. But he that filches from me my good name Robs me of that which not enriches him And makes me poor indeed. (Othello Act 3 Scene 3) Shakespeare understood the […]
All the Proper Parties, Part II
March 16, 2021 By Brian Babcock In a recent article, we discussed the importance of suing the right parties, and what to do if you later discover additional parties, or a misnomer. Less frequently, we see problems where the wrong person is named as the Plaintiff or Applicant in the lawsuit. This can be just […]
Can email between a homebuyer and seller be legally binding?
March 7, 2021 By Meghan Payment With more people than ever staying in and working from home, Northern Ontario has experienced a boom in residential real estate transactions. Thanks to online services and websites, such as ifindtbay.ca, that directly connects potential homebuyers to a seller, buying and selling a home has never been more user […]
Corporations, Charter Rights, and Cruelty
March 7, 2021 By Brian Babcock A corporation may be treated like a natural being for many purposes in the law, but not when it attempts to claim the protection of the prohibition against “cruel and unusual punishment” in the Canadian Charter of Rights and Freedoms. The issue was decided by the Supreme Court of […]
A Trust with a Purpose
March 3, 2021 By Brian Babcock As discussed in our article What is a Trust?, a trust usually requires one or more beneficiaries – people who are entitled to the benefits of the property legally owned and controlled by the trustee. Sometimes, however, people who create a trust wish to do so to benefit a […]
Termination Clauses and Construction Workers
March 3, 2021 By Brian Babcock Ontario Courts REALLY dislike termination clauses in employment contracts which attempt to limit how much an employee may receive upon termination. I have written on this topic previously. Another recent case is a fresh example that makes this point even more clear. The construction industry is known for its […]