Weilers LLP

Is there Doctor-Patient Privilege?

February 27, 2022 By Brian Babcock A court is will make an order for production for inspection of a document that is in the possession of a non-party and is not privileged, if a) the document is relevant to a material issue in the action; and b) it would be unfair to require the moving […]

Seeing the Silver Lining in Limits to the Application of the Charter

February 27, 2022 By Mark Mikulasik Does the Supreme Court of Canada decision related to the size of Toronto’s city council, and the election of 2018, affect your municipality? Not directly, but it is an important reminder that municipalities are subject to the whims of the provincial government. This is a very significant limitation on […]

Rethinking the Meaning of Core Policy Decisions

February 13, 2022 By Mark Mikulasik What is a “core policy decision immune from negligence liability”? In Nelson (City) v. Marchi, the Supreme Court of Canada confirms that: municipalities are immune from liability for policy decisions. the onus is on the municipality to prove that an injury results from a ‘core policy’ decision, rather than […]

Sanctions for Contempt of Court

February 13, 2022 By Brian Babcock Judgment is not a remedy directly available for contempt of court arising in a civil lawsuit in Ontario. In the process of confirming this principle, the Ontario Court of Appeal provides a clear and useful roadmap for parties, lawyers, and judges in determining the appropriate sanctions for contempt. In […]

Introducing Weilers Mediation Services

Weilers is pleased to announce that we are now offering Zoom and in-person mediation services for both family and civil litigation matters! Mediation is an alternative dispute resolution mechanism which allows parties to work together to resolve some or all of their issues. It may be an affordable alternative to litigation depending on the nature […]

Taking Case Conferences Seriously

February 7, 2022 By Mark Mikulasik Case conferences are available under the Rules of Civil Procedure to move cases forward more efficiently, more affordably, and more justly by allowing judges to make binding procedural decisions at the conference without formal motions. The use of case conferences on a formal basis in civil litigation is a […]

Trustees and Ethical Investing

February 7, 2022 By Brian Babcock One of the key duties of a trustee, including an estate trustee, is to invest the trust or estate assets. Failure to invest is a breach of trust, for which the trustee may be required to reimburse the estate or beneficiaries. But what do trustees invest in? And what […]