ARTICLES

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...

September 10, 2024 By Jonathon Clark  Tell someone who asks, “what type of law do you practice?” that you practice civil litigation, and you expect...

September 5, 2024 By Brian Babcock An arbitrator has jurisdiction under the Arbitrations Act, 1991 of Ontario to determine whether the arbitrator has jurisdiction as...

September 3, 2024 By Brian Babcock An earlier article explains why pleadings are important. What happens if you need to update or fix something in...

August 27, 2024 By Brian Babcock An arbitrator has jurisdiction under the Arbitrations Act,1991 of Ontario to determine whether the arbitrator has jurisdiction as a...

August 27, 2024 By Brian Babcock The general rule is that directors and officers of a corporation cannot be sued for the wrongful acts of...

August 22, 2024 By Brian Babcock If you have an insurance claim, it may be determined based upon the wording of your insurance policy. These...

August 20, 2024 By Nick Melchiorre  What would you do if your neighbour put a gate across your shared driveway? THE ISSUE In an earlier...

August 15, 2024 By Brian Babcock Despite an agreement to arbitrate, the opposing party might start a court action. What do you do then if...

August 13, 2024 By Jonathon Clark  Penalties for contempt vary greatly, but it is extremely rare to see a “death penalty” where a case is...

August 8, 2024 By Mark Mikulasik Good corporate record keeping is important. But for the case discussed in this article, we might have said that...

August 6, 2024 By Jonathon Clark  Many commercial insurance policies, and homeowners policies, contain forms of pollution exclusions. They vary from policy to policy, but...

August 1, 2024 By Brian Babcock Do you own a dog? Do you have a tenant that owns a dog? (Do you know?) Are you...

July 30, 2024 By Jonathon Clark  Settlements may be reached calmly and with reflection, or hurriedly in a hallway. In any case, it is important...

July 25, 2024 By Brian Babcock Most arbitrations in Ontario are governed by the Arbitration Act, 1991. Some are governed by the International Commercial Arbitrations...

July 23, 2024 By Brian Babcock Do you pay out unused vacation pay at the end of each year? THE ISSUE If not, you may...