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...

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...

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...

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...

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...

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....

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...

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...

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...

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...

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...

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...

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...