Weilers LLP

ARTICLES

Termination of Trusts

Articles
March 27, 2025 By Mark Mikulasik How does a trust come to an end? There are several possible ways: The settlor may retain an express...
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We Are Hiring!

News
Weiler’s is looking for a Legal Assistant/Law Clerk to join our firm. If you are interested in applying please submit a cover letter, resume and...
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Beware of Waiver By Conduct

Articles
March 25, 2025 By Brian Babcock We have written before about the dangers of accidentally waiving solicitor-client privilege. THE ISSUE This privilege is often considered...
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If You Die Without A Will

Articles
March 20, 2025 By Mark Mikulasik Having a will is one of the most important steps you can take to ensure that your wishes are...
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Mediation or Litigation in Ontario: Pros and Cons

Alternative Dispute Resolution
March 18, 2025 By Brian Babcock Resolving legal disputes can be a challenging and stressful process, but there are several options available in Ontario to...
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What Is A Norwich Order?

Articles
March 13, 2025 By Jonathon Clark  A Norwich order is a form of pre-action discovery or preservation order that can be obtained in Ontario by...
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Digital Defamation in Ontario

Articles
March 11, 2025 By Brian Babcock In today’s world, a single tweet, post, or comment can spread like wildfire, reaching thousands—if not millions—in seconds. While...
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Two Thumbs Up For Contracts

Articles
March 6, 2025 By Mark Mikulasik A while back, we wrote an article about a Saskatchewan case that interested us even though we are in...
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Slip and Fall or Automobile Accident?

Articles
March 4, 2025 By Brian Babcock A person slips and falls in an icy parking lot while holding their key fob and reaching out to...
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Commercial Landlords May Not Have To Mitigate

Articles
February 28, 2025 By Mark Mikulasik If a commercial tenant repudiates the lease, that is, says they no longer intend to perform their side of...
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Legal Risks of Your Home Renovation Project

Articles
February 25, 2025 By Nick Melchiorre  Whether you are do-it-yourselfer or hire a contractor, home renovations, like anything else in life, attract some specific legal...
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There Are No Guarantees

Articles
February 20, 2025 By Jonathon Clark  “Am I going to win?” must be very high on any list of frequently asked questions of lawyers when...
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Do You Need Winter Tires?

Articles
February 18, 2025 By Brian Babcock In the Province of Quebec, winter tires are mandatory during winter months. Ontario has no such law. There is...
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Lawsuits and the Correct Party to the Contract

Articles
February 13, 2025 By Mark Mikulasik It is important  to know who you are doing business with. It is just as important to be clear...
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The Consequences of an Unconditional Offer to Purchase

Articles
February 11, 2025 By Nick Melchiorre  Should you make an unconditional offer to buy a house? Ultimately, that decision is up to you, but you...
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Anton Piller: The Civil Search Warrant

Articles
February 6, 2025 By Jonathon Clark  We have written before about the Mareva injunction, designed to prevent a wrongdoer from absconding with all the funds...
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What Is A Tree Worth?

Articles
February 4, 2025 By Brian Babcock If you live in Northwestern Ontario, as we do, you are surrounded by trees. They seem to be everywhere....
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Leave To Appeal An Arbitration Award

Alternative Dispute Resolution
January 30, 2025 By Mark Mikulasik Section 45(1) of the Arbitration Act, 1991 (the “Arbitration Act“) provides: 45(1)   If the arbitration agreement does not deal with appeals...
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Employment Disputes: Tribunal or Litigation?

Administrative Law
January 28, 2025 By Brian Babcock You might think that courts have wrestled with the question of whether a dispute must be submitted to arbitration...
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Meet Our Newest Associate Lawyer, Nic LeBlanc

News
Nic graduated from the Bora Laskin Faculty of Law where he obtained his JD in 2024. Before starting Law School, Nic attended Queens University and...
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Meet Our Newest Associate Lawyer, Kyle Costa

News
Kyle obtained his JD from the University of Ottawa Faculty of Law in 2023. Prior to law school, he obtained an Honours bachelor’s degree in...
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Why To Respond To A Human Rights Complaint

Administrative Law
January 23, 2025 By Brian Babcock If you are named as a respondent to a human rights complaint, in order to dispute the claim, you...
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Specific Performance: Frequently Asked Questions

Articles
January 21, 2025 By Mark Mikulasik What is specific performance? It is an equitable remedy for breach of contract in which the Court orders the...
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What Is Equity?

Articles
January 16, 2025 By Brian Babcock We have posted numerous articles discussing various aspects of equity but have not yet posted a stand-alone article defining...
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What Is “Judicial Notice”?

Articles
January 14, 2025 By Brian Babcock In previous articles, we have mentioned judicial notice, so we thought it might be interesting to explain the concept....
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Piercing The Corporate Veil Revisited

Articles
January 9, 2025 By Nick Melchiorre  We have recently written an article on the test for “piercing the corporate veil” to find officers, directors or...
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Understanding The “Burden of Proof”

Articles
January 7, 2025 By Brian Babcock In legal terms, “burden of proof” refers to the obligation of a party to prove their claims in a...
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When The Deal Does Not Close Revisited

Articles
December 17, 2024 By Nick Melchiorre  We have written previously about how damages are typically assessed when the deal does not close due to the...
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Arbitrations and Adjournments

Alternative Dispute Resolution
December 31, 2024 By Brian Babcock The Ontario Court of Appeal has confirmed that the scope for refusal to recognize an international arbitration is narrow....
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Another Reason Not To Sleep On Your Rights

Articles
December 26, 2024 By Mark Mikulasik We have written several articles about why it is essential to beware of time limits, and to commence your...
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Does Business Interruption Insurance Cover Covid Related Losses?

Articles
December 24, 2024 By Brian Babcock The mandatory shutdowns and limitations on business activities during the height of the Covid pandemic caused many businesses to...
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Intrusion Upon Seclusion Must Be Highly Offensive

Articles
December 19, 2024 By Brian Babcock The tort of intrusion upon seclusion has been recognized in Ontario since 2012. The three-step test introduced then: The...
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Can A Seller Get Specific Performance?

Articles
December 17, 2024 By Nick Melchiorre  When we write or talk about specific performance (the action to obtain a judgment enforcing a contract of sale)...
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Can You Appeal The Appointment Of An Arbitrator?

Alternative Dispute Resolution
December 12, 2024 By Jonathon Clark  If you are party to an agreement to arbitrate in Ontario, and cannot agree on the arbitrator, either party...
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10 Things To Know About Specific Performance

Articles
December 10, 2024 By Nick Melchiorre  10 THINGS TO KNOW ABOUT SPECIFIC PERFORMANCE Specific performance is an equitable remedy designed to enforce contractual bargains by...
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