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...

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....

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...

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...

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...

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....

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...

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...

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...

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)...

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...

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...

November 28, 2024 By Jonathon Clark  We have written several articles on the dangers of “sleeping on your rights” and missing a limitation period- the...

November 26, 2024 By Brian Babcock Chances are that you have an insurance policy that includes protection against claims by others. This includes a right...

November 21, 2024 By Mark Mikulasik November is Make-A -Will Month. This is a promotion by the Ontario Bar Association, yet this month, television seems...

November 19, 2024 By Nick Melchiorre  We have discussed judicial review in other articles. In 2020, we explained that it is “a process by which...

November 14, 2024 By Brian Babcock In insurance litigation, “mixed claims” refers to an action which contains claims which are both insured and uninsured. The...

November 12, 2024 By Brian Babcock We have posted several articles that refer to “equity” or its cousins, such as “equitable principles” or “equitable remedies”....

November 7, 2024 By Brian Babcock There was a lot of publicity when Ontario amended the Employment Standards Act to make certain restrictive covenants unenforceable....

November 5, 2024 By Mark Mikulasik We have talked about the advantages of putting a contract in writing. THE ISSUE You need to be aware...

October 31, 2024 By Jonathon Clark  We have written before about the test for an “interlocutory injunction”, or an injunction pending trial or other final...

October 29, 2024 By Brian Babcock What is an injunction? An injunction is a court order which instructs someone (a natural or legal person) to...

October 24, 2024 By Brian Babcock By its very name, a will is supposed to reflect the desires of the testator- the person whose will...

Weilers has been a trusted and effective business and legal partner to the Northwestern Ontario Community for over 75 years. As times change so do...

October 17, 2024 By Brian Babcock An “Anti-SLAPP motion” is a motion by a defendant, usually in a defamation case, to have the action dismissed...

October 15, 2024 By Nick Melchiorre  Non-compete agreements are common in employment contracts and sales of businesses. They are not always enforceable. Public policy favours...

October 10, 2024 By Brian Babcock Insurance policies cover fortuitous losses, but what does that mean? Lalani Properties International Inc. v. Intact Insurance Company is...

October 8, 2024 By Brian Babcock Weather- everybody talks about it, but no one does anything about it. In Thunder Bay weather can range from...

October 3, 2024 By Brian Babcock Don’t tell your lawyer the truth. Don’t tell your lawyer the whole story up front. Don’t organize your documents...

October 1, 2024 By Jonathon Clark  The best defence may not always be a good offence, but it should tell a good story. So far...

September 26, 2024 By Brian Babcock Did you listen to or read the news about encampments and injunctions and wonder what they were talking about?...

September 24, 2024 By Brian Babcock We posted an article recently highlighting the issue of the risk of battles over dog ownership, focused on the...

September 19, 2024 By Jonathon Clark  Solicitor-client privilege is of profound importance in our system of justice. Yet the rules of evidence governing privilege are...

September 17, 2024 By Brian Babcock Applications are an alternative form of proceeding. An application may be commenced rather than an action where there are...

September 12, 2024 By Jonathon Clark  If confronted by a motion for summary judgment, you must “put your best foot forward.” A motion for summary...