Taking Indigenous Property Rights Seriously
September 27, 2021 By Brian Babcock Courts typically make injunctions to protect property rights available more easily than injunctions in other situations, such as breach of contract, or labour disputes, because “property rights are sacrosanct”. A different attitude appears to apply when it comes to efforts by First Nations or Indigenous groups to protect traditional […]
Who are Your “Friends”? Certainty in Estate Planning
September 27, 2021 By Brian Babcock A valid trust requires what are called the “three certainties” – certainty of intention to create a trust, certainty of subject matter (what property is in the trust?), and certainty of objects (who are the beneficiaries?). This applies to most gifts in wills, where the property is usually transferred […]
The Oppression Remedy and Marriage Breakdown
September 22, 2021 By Brian Babcock For many people, going into business with their spouse is a dream – who better as a business partner than your life partner? But what happens when that dream becomes a nightmare? According to the case of Fuentes v. Camino Construction, the oppression remedy under the Ontario Business Corporations […]
Compensation of Estate Trustees
September 22, 2021 By Brian Babcock Historically, estate trustees were not entitled to be paid for their work unless the will expressly provided for compensation. Now, in Ontario, the opposite applies – unless the will denies or limits trustees’ compensation, the trustees are entitled to reasonable compensation. This is paid out of the residue of […]
Tenant or Owner?
September 5, 2021 By Brian Babcock Ontario’s Landlord and Tenant Board has the jurisdiction to determine the ownership of buildings, including through a simplified summary process. That determination, however, may not finally determine rights or obligations flowing from an ownership interest. In Sutton v. Riddle, the Divisional Court, which hears appeals from the Board, has […]
Punitive Damages are Not a Consolation Prize
September 5, 2021 By Brian Babcock Punitive damages may only be awarded if the court finds that there is an “independent actionable wrong.” Misconduct alone is not enough. This principle, established at least since 2002, has been somewhat overlooked in recent years as judges easily found the requirement met by almost any malicious or intentional […]