ARTICLES

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...

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...