ARTICLES

May 29, 2023 By Nick Melchiorre If you end up in a dispute with your fellow shareholders in a closely held private corporation, it pays...

May 26, 2023 By Brian Babcock Privilege is a serious matter, as we have explained before. ISSUE But what penalty should be imposed when one...

May 25, 2023 By Nick Melchiorre Timing can be everything. THE ISSUE If you are on the wrong end of an administrative decision and have...

May 19, 2023 By Jonathon Clark If you incorporate your privately held business, your lawyer will probably advise both you and the other shareholders to...

May 19, 2023 By Brian Babcock Getting your pleadings right in a timely fashion is an important, if often neglected, part of managing your lawsuit....

May 5, 2023 By Brian Babcock The moral high ground strikes again. THE ISSUE Though the phrase is seldom used explicitly in judgments, the centrality...

May 5, 2023 By Nick Melchiorre You may have heard the expression “coming to court with clean hands”. Perhaps you have a vague idea what...

May 2, 2023 By Mark Mikulasik If you are a landlord and promise customer parking as part of convincing a prospective tenant to sign a...

May 2, 2023 By Mark Mikulasik THE ISSUE You might think that a by-law which is passed with procedural illegalities would be routinely quashed in...

February 24, 2023 By Brian Babcock It must take a particular kind of bravery to execute a multimillion-dollar fraud against the government. That same foolish...

February 24, 2023 By Jonathon Clark In Ontario it is normal that a successful party in a lawsuit is awarded a portion of their legal...

February 19, 2023 By Jonathon Clark We have written a number of articles on the oppression remedy so you may be thinking that there must...

February 19, 2023 By Nick Melchiorre We have previously written about fraudulent misrepresentation, often simply called fraud or civil fraud, and its ugly stepsister, negligent...

February 10, 2023 By Mark Mikulasik Don’t take adverse possession off life support yet. THE ISSUE Most lawyers in Ontario assumed that adverse possession –...

February 10, 2023 By Brian Babcock What just might be worse than losing your case at trial? Winning the case and then having to go...

February 4, 2023 By Brian Babcock Be careful not to terminate an employee by accident. The surest way to accidentally terminate an employee is to...

February 4, 2023 By Jonathon Clark We have mentioned the phrase “negligent misrepresentation” in several articles so far. We have yet to discuss negligent misrepresentation...

January 27, 2023 By Mark Mikulasik THE ISSUE No, not really a million-dollar parking ticket. Just a million dollar fine for civil contempt arising from...

January 27, 2023 By Nick Melchiorre Leaving a judge in a quandary is never a  good thing. Lawsuits over aborted real estate transactions seemed to...

January 20, 2023 By Nick Melchiorre The phrase “total disability” is used frequently in government benefits and private disability insurance plans. But how do you...

January 20, 2023 By Brian Babcock There is no single simple answer to this FAQ. Mediation is rightly popular because in most disputes, the best...

January 13, 2023 By Fhara Pottinger …an estate trustee, an executor, an executrix, or a plain old trustee? THE ISSUE The modernization of legal terms...

January 13, 2023 By Nick Melchiorre THE ISSUE If you are the seller of a house and the buyer fails to close, how do you...

January 7, 2023 By Mark Mikulasik Chances are that at some time you have signed a contract containing an “entire agreement” clause. Entire agreement clauses...

January 7, 2023 By Brian Babcock Mitigation is one of those odd words used in law that most people are not instantly comfortable with. Odds...

December 30, 2022 By Brian Babcock If you, like many or most of our clients, are in business, you probably measure success by profit. However,...

December 30, 2022 By Brian Babcock We have written a series of articles about the oppression remedy as a solution to shareholder disputes in closely...

December 28, 2022 By Jonathon Clark We have written before about contempt of court, and its importance in maintaining respect for the administration of justice as...

December 28, 2022 By Nick Melchiorre Does your voice carry? I know mine sure does. I am known for being the opposite a very quiet...

December 18, 2022 By Brian Babcock In Canada, and most of the world, laws influence everything that we do or are not supposed to do....

December 18, 2022 By Brian Babcock We have written before about the question of when you can get your deposit back on a failed real...

December 18, 2022 By Brian Babcock I hope that we can all agree that the pandemic was mostly terrible. However, there were some bright spots...

December 11, 2022 By Fhara Pottinger This article is not about a specific case. Rather, it is about a disturbing trend in estate disputes and...

December 11, 2022 By Mark Mikulasik Lawyers are taught in their first year contracts course that one of the essential elements of any contract is...

December 6, 2022 By Brian Babcock If you are planning to transfer residential real estate to a non-Canadian, you should do so before December 31st,...