ARTICLES
Termination of Trusts
Articles
27 March 2025
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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...
We Are Hiring!
News
26 March 2025
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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...
Beware of Waiver By Conduct
Articles
25 March 2025
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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...
If You Die Without A Will
Articles
20 March 2025
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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...
Mediation or Litigation in Ontario: Pros and Cons
Alternative Dispute Resolution
18 March 2025
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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...
What Is A Norwich Order?
Articles
13 March 2025
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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...
Digital Defamation in Ontario
Articles
11 March 2025
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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...
Two Thumbs Up For Contracts
Articles
6 March 2025
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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...
Slip and Fall or Automobile Accident?
Articles
4 March 2025
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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...
Commercial Landlords May Not Have To Mitigate
Articles
28 February 2025
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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...
Legal Risks of Your Home Renovation Project
Articles
25 February 2025
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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...
There Are No Guarantees
Articles
20 February 2025
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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...
Do You Need Winter Tires?
Articles
18 February 2025
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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...
Lawsuits and the Correct Party to the Contract
Articles
13 February 2025
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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...
The Consequences of an Unconditional Offer to Purchase
Articles
11 February 2025
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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...
Anton Piller: The Civil Search Warrant
Articles
6 February 2025
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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...
What Is A Tree Worth?
Articles
4 February 2025
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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....
Leave To Appeal An Arbitration Award
Alternative Dispute Resolution
30 January 2025
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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...
Employment Disputes: Tribunal or Litigation?
Administrative Law
28 January 2025
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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...
Meet Our Newest Associate Lawyer, Nic LeBlanc
News
27 January 2025
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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...
Meet Our Newest Associate Lawyer, Kyle Costa
News
27 January 2025
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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...
Why To Respond To A Human Rights Complaint
Administrative Law
23 January 2025
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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...
Specific Performance: Frequently Asked Questions
Articles
21 January 2025
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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...
What Is Equity?
Articles
16 January 2025
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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...
What Is “Judicial Notice”?
Articles
14 January 2025
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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....
Piercing The Corporate Veil Revisited
Articles
9 January 2025
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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...
Understanding The “Burden of Proof”
Articles
7 January 2025
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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...
When The Deal Does Not Close Revisited
Articles
2 January 2025
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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...
Arbitrations and Adjournments
Alternative Dispute Resolution
31 December 2024
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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....
Another Reason Not To Sleep On Your Rights
Articles
26 December 2024
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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...
Does Business Interruption Insurance Cover Covid Related Losses?
Articles
24 December 2024
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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...
Intrusion Upon Seclusion Must Be Highly Offensive
Articles
19 December 2024
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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...
Can A Seller Get Specific Performance?
Articles
17 December 2024
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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)...
Can You Appeal The Appointment Of An Arbitrator?
Alternative Dispute Resolution
12 December 2024
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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...
10 Things To Know About Specific Performance
Articles
10 December 2024
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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...