Continuation of a Contract by Conduct
August 24, 2022 By Mark Mikulasik Collecting royalty fees from franchisees is the life blood of a successful franchise operation. THE ISSUE What happens when a franchise agreement expires, but the parties continue to operate as if they still had an agreement? THE CASE That was the issue in Coffee Time Donuts Incorporated v. 2197938 […]
Judicial Review? Action? Appeal?
August 24, 2022 By Brian Babcock In our article What is judicial review? we explained the difference between judicial review and an appeal. A judicial review is also not an action for damages. THE ISSUE Choosing the correct procedural path can avoid getting stuck in thorny issues of civil procedure and administrative law. THE CASE […]
Do you need a digital forensic specialist?
August 18, 2022 By Brian Babcock The increasing prevalence of electronic communications brings with it a renewed focus on electronic discovery. Most parties and lawyers lack the expertise necessary to be confident that they will retrieve electronic documents completely in a form in which they are both unchanged and searchable. Even where the party may […]
Can You Get That Deposit Back? Part Two
August 18, 2022 By Brian Babcock When a real estate transaction fails to close through no fault of the buyer, they usually can expect the return of the deposit. However, when the failure to close is due to the fault of the purchaser, the basic principle is that the deposit is forfeited, without proof of […]
Whose Privacy Is It Anyway?
August 18, 2022 By Mark Mikulasik Privacy is an increasingly important issue in society. The need for privacy occurs in many situations and in various forms. No doubt you value your privacy as much as most people. Canadian courts have recognized that the right to privacy exists independently of legislation because of the importance of […]
Is that a life interest or a license to occupy?
August 12, 2022 By Brian Babcock Another reason to be careful about the drafting of your will. THE ISSUE Sometimes people making a will (a “testator”) want to make sure that a friend or family member has a place to live following the death triggering the provisions of the will. It is also not uncommon […]
Penalties for Municipal Conflict of Interest
August 12, 2022 By Mark Mikulasik The appropriate penalty for a municipal conflict of interest has been controversial as long as there has been a Municipal Conflict of Interest Act in Ontario. Prior to the 2017 amendments to the Act, if there was found to be a conflict of interest, the presiding judge had no […]
Family Cottage Succession: A Dream or A Nightmare Take Two
August 5, 2022 By Brian Babcock About a year ago, we posted an article entitled Family Cottage Succession: A Dream or A Nightmare?. That article dealt with the issues that could arise from a simple brother-sister dispute when two buildings were constructed on one lot. We concluded the article with the tagline “don’t let your […]
Sometimes You Need a Full Factual Record
August 5, 2022 By Brian Babcock Everybody involved in a lawsuit should want to resolve it as quickly and simply and cheaply as possible. In the area of wrongful dismissal litigation, there has been a strong movement in that direction, using summary judgment motions under Rule 20 of the Rules of Civil Procedure to resolve […]
May I Take That Back?
August 1, 2022 By Brian Babcock If you make a gift, whether to a trust or an individual, even a family member, you cannot simply take it back without consent. THE ISSUE There is a distinction in law between a gift, which is absolute, and a resulting trust by which legal title is transferred, but […]