Taking Sexual Misconduct Seriously: Ontario Edition
July 15, 2022 By Brian Babcock In our article Taking Sexual Misconduct Seriously, we looked at an Alberta court decision where a single incident of sexual misconduct in the workplace was interpreted to constitute sexual assault and therefore was serious enough to justify dismissal for cause. In that article, we predicted that an Ontario court […]
The Votes Are In…
GOLD for Weilers, and SILVER for Mark Mikulasik and Paul Jasiura in the ‘Lawyers’ category SILVER for Mark Mikulasik, and BRONZE for Weilers LLP in the ‘Real Estate Law and Lawyers’ category SILVER for Weilers, and BRONZE for Mark Mikulasik in the ‘Estate Lawyers’ category We are proud to serve Thunder Bay and northwestern […]
What is a “Bare Trustee”?
July 10, 2022 By Brian Babcock A bare trustee is not a legal representative given property for the benefit of Yogi or even Boo Boo. A bare trustee is an important but often overlooked role in trusts law. THE TERM DEFINED A “bare trust” is described in the leading Ontario Court of Appeal case, Trident […]
How NOT to Argue About a Building Permit
July 10, 2022 By Brian Babcock The Building Code Act protects important public interests including public safety and consumer protection. Because of this, the courts ensure that the provisions of the building code and the Act are enforced. The Divisional Court reinforced these principles in a recent appeal from an application judge. THE ISSUE How […]
More Excitement About Easements
July 5, 2022 By Nick Melchiorre An easement is a document that grants specific rights of use of a part of the owner’s property to a non-owner. There are many different types of easements, some which are very common and well known but can still create excitement, such as utilities easements granted in favour of […]
Reasonableness Can be a Two-Way Street
July 5, 2022 By Mark Mikulasik When may a commercial landlord reasonably refuse to consent to the assignment of a lease? This issue was reviewed by the Ontario Court of Appeal in the decision of Tabriz Persian Cuisine Inc. v. Highrise Property Group Inc. THE CASE In this case, the tenant attempted to assign its […]
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 […]