ARTICLES
Does That Property Belong To Your Spouse?
Articles
14 March 2024
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March 14, 2024 By Brian Babcock A spouse may not pursue a claim that the other spouse has a beneficial interest in a property held...
What Is An Examination for Discovery
Articles
12 March 2024
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March 12, 2024 By Jonathon Clark After pleadings are exchanged in a civil litigation action, the next step in the litigation is to schedule examinations...
Is That Will Valid?
Articles
7 March 2024
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March 7, 2024 By Mark Mikulasik IS THAT WILL VALID? I am writing this in November, which is “Make A Will Month”, but not just...
So, You Want To Be A Witness…
Articles
5 March 2024
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March 5, 2024 By Jonathon Clark No one really WANTS to be a witness, but sometimes we have no choice. Courts run on evidence, and...
Lien Trusts Require Separate Action
Articles
29 February 2024
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February 29, 2024 By Mark Mikulasik When the Construction Act replaced the Construction Lien Act one of the amendments we liked was the apparent ability...
Arbitration Clause In Employment Agreement Invalid
Alternative Dispute Resolution
27 February 2024
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February 27, 2024 By Brian Babcock Ontario’s Employment Standards Act (or ESA) provides a complaint resolution process. THE ISSUE As a result, a provision in...
Credit Proofing Made Difficult
Articles
22 February 2024
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February 22, 2024 By Jonathon Clark People starting a risky business venture – which is pretty much everyone starting a new business- are frequently to...
Covid and Business Interruption Insurance
Articles
20 February 2024
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February 20, 2024 By Brian Babcock The Court of Appeal continues to make it difficult to obtain insurance payouts for the COVID pandemic’s effect on...
Commercial Insurance Is Not All The Same
Articles
15 February 2024
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February 15, 2024 By Jonathon Clark Have you read your commercial general liability policy? Coverages under these policies vary significantly. Unlike auto policies they are...
Time Limits and Judicial Review
Administrative Law
13 February 2024
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February 13, 2024 By Mark Mikulasik Beware the time limit to apply for judicial review of an administrative decision. The Judicial Review Procedures Act provides...
How Clean Must Your Hands Be
Articles
8 February 2024
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February 8, 2024 By Nick Melchiorre In a previous article, we explained the concept of “clean hands” and how equity will not assist someone who...
What Is Spoliation?
Articles
6 February 2024
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February 6, 2024 By Brian Babcock Spoliation is the legal term for the intentional destruction or concealment of relevant documents, in a lawsuit, or when...
Exceptional Circumstances In Employment Law
Articles
1 February 2024
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February 1, 2024 By Brian Babcock Employees in Ontario dismissed without cause are entitled to reasonable notice of termination or pay in lieu of notice....
The Growth Of The Duty Of Good Faith
Articles
30 January 2024
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January 30, 2024 By Nick Melchiorre The duty of good faith performance of contracts continues to be defined by the courts. A recent Ontario Superior...
What Is An Equitable Mortgage?
Articles
25 January 2024
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January 25, 2024 By Mark Mikulasik An equitable mortgage differs from a legal mortgage but has somewhat similar effects. As the Ontario Court of Appeal...
An Oppression Remedy Is An Equitable Remedy
Articles
23 January 2024
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January 23, 2024 By Jonathon Clark The terms of an employment contract will not override the reasonable expectations of a substantial shareholder under the oppression...
Appealing With Leave
Administrative Law
18 January 2024
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January 18, 2024 By Mark Mikulasik An order of the Ontario Land Tribunal may be appealed to Divisional Court, on a question of law only,...
Love’s Labour Lost
Articles
16 January 2024
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January 16, 2024 By Nick Melchiorre Take care when blending personal relationships with business. That is the moral of the story in Gojkovich v Buhbli...
Interpreting Rights of First Refusal
Articles
11 January 2024
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January 11, 2024 By Brian Babcock A right of first refusal (ROFR) may be a valuable aspect of a business agreement. No wonder that there...
Sealing Orders, Removing Lawyers, and Privilege
Articles
9 January 2024
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January 9, 2024 By Brian Babcock If you are involved in a corporate dispute, such as a fight between shareholders, consider a sealing order to...
What Is A “Stay”?
Articles
4 January 2024
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January 4, 2024 By Brian Babcock It is a classic Jackson Browne song of course, but a “stay” in court terminology is an order of...
What To Do If You Are Sued
Articles
2 January 2024
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January 2, 2024 By Jonathon Clark If you are served with a statement of claim (or in Small Claims Court, a claim), the first thing...
Buyer Beware: Insurance Coverage and Misrepresentation
Articles
28 December 2023
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December 28, 2023 By Brian Babcock Did you know that even an innocent misrepresentation on an application for insurance can result in a denial of...
Suing Tribunals
Administrative Law
26 December 2023
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December 26, 2023 By Brian Babcock THE ISSUE In most situations, it is impossible to sue the tribunal, its members, or the Crown. If you...
Arbitrators and Bias
Alternative Dispute Resolution
21 December 2023
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December 21, 2023 By Brian Babcock One ground to object to the selection of a decision maker- be they judge, be they arbitrator – is...
Mining Arbitrations Can Be Frustrating
Alternative Dispute Resolution
19 December 2023
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December 14, 2023 By Nick Melchiorre Courts in Ontario will usually defer to arbitrators and are reluctant to second guess their decisions. We have written...
Slapping Down SLAPPs
Articles
12 December 2023
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December 12, 2023 By Brian Babcock Section 137.1 of the Courts of Justice Act is the provision which permits “Anti-SLAPP” motions. SLAPP stands for “Strategic...
Time Limits Are Not Easy
Articles
7 December 2023
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December 7, 2023 By Jonathon Clark It has become popular for defendants in civil litigation to bring a summary judgment motion to seek to have...
Fraud and Tracing Funds
Articles
5 December 2023
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December 5, 2023 By Brian Babcock If you are the unfortunate victim of fraud (and it can happen to anybody), you probably want to recover...
A Cautionary (But True) Tale
Articles
1 December 2023
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December 1, 2023 By Brian Babcock We have written before about the importance of “getting it in writing”. Did you know it even applies to...
Follow Us!
News
30 November 2023
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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...
The Certificate of Pending Litigation and an Interest in Land
Articles
29 November 2023
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November 29, 2023 By Brian Babcock We have written before about the importance of certificates of pending litigation (CPL), and the process to discharge them....
Causation in Human Rights Cases
Administrative Law
16 November 2023
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November 16, 2023 By Brian Babcock In law, we talk about “causation” as the relationship between a person’s actions and the results that follow. It...
Relevancy Versus Confidentiality
Articles
10 November 2023
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November 10, 2023 By Brian Babcock In litigation, issues as to the production of documents are common. Parties often want to maintain the confidentiality of...
Certificates of Pending Litigation
Articles
6 November 2023
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November 6, 2023 By Jonathon Clark Do you know what a “certificate of pending litigation” ( often called a CPL) is and does? A CPL...