Parks, the Public Interest and Pandemics
February 8, 2021 By Brian Babcock When did your municipality last review how its parks by-law serves the public interest? Covid-related concerns were not enough reason to disregard a municipal by-law regulating parks. In doing so, the decision highlights important factors applicable to public interest injunctions generally, in particular the use of expert evidence and how […]
Compensation & Reconciliation
January 31, 2021 By Brad Smith We await with interest the upcoming Supreme Court of Canada decision in Southwind v. Canada, an appeal from the Federal Court of Appeal argued in December 2020. Getting this right could be a strong step towards reconciliation. As described on the Supreme Court website: In an action initiated in 1991, […]
Trusts or Powers?
January 31, 2021 By Brian Babcock No, not a super hero story. We have discussed what a trust is, and compared it to various other relationships in earlier articles. A trustee always is given certain powers, whether by will, other document creating the trust, or under the Trustee Act. Common powers include the powers to invest, […]
Too Much to Ask
January 8, 2021 By Brian Babcock What happens when an arbitrator commits errors of law and a breach of natural justice which require a new hearing? Usually, a different arbitrator must be appointed. The principles of efficiency, cost-effectiveness and fairness to the parties must be balanced with the need to secure fair and equal treatment. Even […]
Rescission, Representations and Real Estate Deals
January 8, 2021 By Brian Babcock Where the actual size of the house is much smaller than represented, a real estate purchaser may have the agreement of purchase and sale declared to be void, and their deposit returned. The remedy of rescission of a contract may be obtained on the basis of misrepresentation where the seller […]