What is Vicarious Liability?
June 27, 2022 By Jonathon Clark “Vicarious liability” is a form of liability which arises from responsibility for the acts of others. The most common form of vicarious liability is the liability of an employer for the acts of their employees. Other common examples include liability of a principal for the action of their agents, […]
The Risks of Partnerships
June 27, 2022 By Mark Mikulasik Partnerships are popular forms of business organization in Canada. They can be simple to form, and more flexible than corporations, but have the advantage of shared adventure over a sole proprietorship. We may look at some of these advantages further in other articles, but this article is about some […]
Pleadings in Small Claims Court
June 20, 2022 By Mark Lahn Pleadings in small claims court do not have to reach the same degree of sophistication as pleadings in the Superior Court of Justice. Pleadings are the documents in which the parties set out their claim and their defence. In the rules that apply to Superior Court cases, there are […]
Covid Leases and Force Majeure
June 20, 2022 By Brian Babcock Since the pandemic began, everybody involved in commercial real estate has been looking for some definitive guidance as to the effect of a force majeure clause in a lease upon the rights of the parties during the pandemic and as a result of the pandemic. The Ontario Court of […]
It’s About Time
June 20, 2022 By Brian Babcock It is fitting that the Court of Appeal would release a decision about extending the time to file an appeal a few days before daylight savings time extends daylight into the evenings. Like most things in court, there is a time limit within which to file your notice of […]
Employers Beware When Terminating Long Service Employees
June 13, 2022 By Brian Babcock We have written several times before about how judges tend to favour employees in cases involving termination without notice, because they are viewed as vulnerable and lacking in bargaining power. Courts attempt to balance this by resolving doubt in their favour. This is especially true for older or longer […]
The Power of Judicial Review is Not Unlimited
June 13, 2022 By Brian Babcock As we explained in an earlier article, judicial review is a process by which courts supervise the decisions of administrative bodies, to make sure that the decisions are fair, reasonable, and consistent with the law. It is generally available where there is no appeal of the decision, and the […]
The Turbulent River of Twitter Commentary
June 6, 2022 By Brian Babcock We have written before about Ontario’s law regarding strategic lawsuits against public participation. Under this “anti-SLAPP law”, claims which appear not to have substantial merit or to have been brought simply to discourage debate regarding matters of public interest can be summarily dismissed under a simplified process. It is […]
Mining Exploration Permits and the Honour of the Crown: FAQ
June 6, 2022 By Brian Babcock What is the ‘honour of the Crown’? It is a constitutional duty to First Nations (or other Indigenous peoples) which springs from the ongoing process of reconciliation with Indigenous people, a process which is a moral, political, and legal obligation of the Crown. It is an obligation at the […]