Probate and the Open Court Principle
July 26, 2021 By Brian Babcock Did you know that if your estate requires probate, your intimate financial and personal details may become public record? This has recently been confirmed by the Supreme Court of Canada in Sherman Estate v. Donovan. This estate has some notoriety. Barry and Bunny Sherman were wealthy Torontonians. He founded […]
Does “Repair” Mean “Replace”?
July 14, 2021 By Brian Babcock Most commercial leases contain clauses that describe the respective responsibility of the landlord and the tenant to repair or replace parts of the building. There is no single standard clause, because buildings and relationships differ. Sometimes these clauses are negotiated, but sometimes a drafter simply inserts a precedent from […]
Municipal Liability as Employer Under OHSA
July 14, 2021 By Brian Babcock Owners, constructors, employers, supervisors and workers all have different roles and responsibilities under the Ontario Occupational Health and Safety Act (OHSA). The more hats you wear, the more potential there is for liability. What might surprise some municipal leaders is the extent of a municipality’s exposure as an employer. […]
Will your insurance deliver?
July 5, 2021 By Brian Babcock Are you driving your own vehicle to do deliveries or other work? If so, you need to inform your automobile insurer of that fact, or you may find yourself without coverage following an accident. In the emerging “gig economy”, this well established concept of insurance law will have application […]
Who are the Aboriginal Peoples of Canada?
July 5, 2021 By Brian Babcock Persons who are not Canadian citizens and who do not reside in Canada can exercise an Aboriginal right that is protected by s.35(1) of the Constitution Act, 1982. Under section 35(1) “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.” In […]
Personal Liability of Directors
June 29, 2021 By Brian Babcock Directors and officers of corporations have many potential liabilities. About a decade ago, a client asked us to assemble a collection of all the provisions on director’s liability that we could find. It was over an inch thick. If we updated it, no doubt it would be thicker. However, […]
Family Cottage Succession: A Dream or a Nightmare?
June 29, 2021 By Brian Babcock The idea of a family cottage property being passed down through the generations appeals to many. However, without careful planning, it can turn out to be a nightmare rather than a dream. Holt v. Grieg is an example which also illustrates the versatility of a certificate of pending litigation […]
What is Reasonableness?
June 22, 2021 By Brian Babcock Judicial review is the mechanism by which courts supervise the actions of statutory decision makers. Typically, we think of formal tribunals, ranging from labour arbitrators to Human Rights Tribunals, or government officials. There are other, less common decision makers who exercise statutory powers which affect everyday life. How do […]
Employment Contracts and the Duty to Mitigate
June 22, 2021 By Brian Babcock Failing to deal with the obligation to mitigate damages in an employment contract may result in a windfall to an employee. In Barry Gula v. Freed Developments Ltd. the employee signed a written contract of employment for an indefinite term. The contract provided a formula to calculate the employee’s […]
Rethinking Damages for Defamation?
June 15, 2021 By Brian Babcock Defamation is the action you might bring if someone tells lies about you that harm your reputation. Libel and slander are both types of defamation. An action for defamation may lead to “aggravated damages” or “punitive damages” in addition to “general damages” for loss of reputation, mental distress and […]