ARTICLES

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...

July 18, 2024 By Nick Melchiorre  When is a restrictive covenant an unlawful restraint of trade? THE CASE The Ontario Court of Appeal takes a...

July 9, 2024 By Brian Babcock We have written before about how success in a lawsuit usually depends upon good story telling. Good story telling...

July 11, 2024 By Mark Mikulasik Common sense and the duty of good faith in the performance of a contract may result in imperfect compliance...

July 9, 2024 By Brian Babcock Judges seem to really dislike termination clauses, even in Thunder Bay and Northwestern Ontario. THE ISSUE We have written...

July 4, 2024 By Brian Babcock “The purpose of the trial is to build a good factual record for the appeal.” So said a local...

July 2, 2024 By Brian Babcock We have posted two articles about how the Horrocks case at the Supreme Court of Canada decided that in...

June 27, 2024 By Nick Melchiorre  What happens if a real estate deal falls apart because the seller refuses to close? The prospective buyer may...

June 25, 2024 By Kyle Costa Are you a director or officer of an Ontario incorporated not-for-profit corporation?  If so, are you aware of important...

June 20, 2024 By Brian Babcock Pleadings are important. They define the issues in a case. They allow the opposing parties, and the courts, to...

June 18, 2024 By Brian Babcock We have written before about the importance of occupying the “moral high ground.” But how do you do that?...

June 13, 2024 By Brian Babcock  Have you delivered your Proof of Loss? A Proof of Loss is a standard form declaration that is required...

May 14, 2024 By Nick Melchiorre  The “death of caveat emptor” has been much heralded but is an exaggeration. THE ISSUE When does a seller...

June 6, 2024 By Brian Babcock  Courts have limited resources. Parties usually want finality in resolving their disputes- at least one party usually does. THE...

June 4, 2024 By Jonathon Clark  We recently wrote about being a witness, a companion piece to an earlier article about the seriousness of affidavits....

May 30, 2024 By Mark Mikulasik What is a Mareva Injunction? Th Ontario Court of appeal describes this relief  in the case of Buduchnist Credit...

May 28, 2024 By Mark Mikulasik Have you ever wondered how a court interprets a will when people disagree about the meaning? THE CASES The...

May 28, 2024 By Nick Melchiorre  Trustees , including estate trustees, are entitled to compensation for their efforts. But how much? The lawyers for the...

May 23, 2024 By Brian Babcock  Many of us love our pets. But in law, they are possessions like any other personal property. In the...

May 16, 2024 By Brian Babcock  Your will is supposed to express what you want done with your property after you die. After all that...

May 14, 2024 By Nick Melchiorre  With spring blossoming,  cottage season is approaching. For a lawyer, that means that the status of access roads becomes...

May 9, 2024 By Brian Babcock  In order to be valid, a will must be made while the person making it (the “testator”) has mental...

May 7, 2024 By Mark Mikulasik In Ontario, the Personal Property Security Act protects lenders through a priority of registration system. A key exception is...

Jacob Thompson had the pleasure of presenting the award for Business Excellence – Medium to Jones Insurance at this year’s Thunder Bay Chamber of Commerce...

May 2, 2024 By Brian Babcock  You probably know the phrase “beyond a reasonable doubt”. This criminal standard of proof receives frequent attention in the...

Alyvia, pronounced the same way as “Olivia,” but with an “A.” Alyvia joined Weilers in 2023 as an articling student and became an associate lawyer...

April 30, 2024 By Jonathon Clark  That eye-catching headline is a bit misleading. In criminal litigation, subjective intention – whether the accused meant to commit...

April 25, 2024 By Brian Babcock  We have written before explaining anti-SLAPP motions in Ontario. THE ISSUE The test for a defendant to have a...

April 23, 2024 By Nick Melchiorre  “An oral contract is worth the paper it is written on” is an old saying. Not quite accurate, but...

April 18, 2024 By Brian Babcock  Cases related to loss of employment due to COVID shutdowns continue to work their way through the system. Employers...

April 16, 2024 By Mark Mikulasik Commercial leases typically contain a clause which restricts the type of use that the tenant can have in the...

April 11, 2024 By Nick Melchiorre  The law of possessory liens in Ontario is governed by the Repair and Storage Liens Act. This law attempts...

April 9, 2024 By Jonathon Clark  An estate trustee has a right to be indemnified for its proper costs and expenses. An estate trustee may...

April 4, 2024 By Brian Babcock  We have written before about resulting trusts, and the case of Pecore v Pecore which says that when you...