Whistleblowers and Private Interests: Who do you trust?
April 30, 2021 By Brian Babcock Non-beneficiaries are not allowed to sue to enforce trusts. This includes an ex-employee of a corporate trustee. The Court of Appeal affirmed this in a judgment which reviews many essential concepts of trusts law and remedies, but should also be of interest to any employers at risk of extraordinary […]
Reasonable Expectations Cannot Be Ignored
April 15, 2021 By Jonathon Clark Minority shareholders in a closely held private corporation may be entitled to have a reasonable expectation of sharing in the management and operation of the business, regardless of their employment status. Family businesses can be wonderful joint adventures, until events occur which shatter those bonds. LDS Capital Corporation v. […]
Bond Trustees Do Have Duty to Inform
April 15, 2021 By Brian Babcock A trustee has a duty to inform beneficiaries of the existence of the trust where failure to do so might result in the beneficiary suffering a loss. Failing to fulfill his duty may result in the trustee being required to make good the beneficiary’s losses. This principle is noteworthy […]
Buyer Beware: Employment After Share Sale
April 6, 2021 By Brian Babcock Employment contracts related to commercial transactions remain employment contracts and employment law applies. You should not ignore this if you are involved in a purchase and sale transaction, or any terminations after the sale. Ontario courts continue to find in favour of employees on termination of employment issues. In […]
When Trustees Disagree
April 6, 2021 By Brian Babcock No one establishes a trust, or makes a will, intending to have it result in disagreements or law suits. That is one of the reasons why people are best advised to have a lawyer prepare their wills or other legal documents. Lawyers are trained professionals who know how to […]
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 […]