ARTICLES
More Corporate Fun And Games
Articles
29 May 2023
No Comments
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...
Capital Punishment For A Breach Of Privilege?
Articles
26 May 2023
No Comments
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...
Administrative Appeals May Be Premature
Administrative Law
25 May 2023
No Comments
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...
Taking Shareholder Agreements Seriously
Articles
19 May 2023
No Comments
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...
Taking Trial Dates Seriously
Articles
19 May 2023
No Comments
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....
Who Is More Innocent?
Articles
5 May 2023
No Comments
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...
What is the “clean hands doctrine”?
Articles
5 May 2023
No Comments
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...
The Scope Of The Entire Agreement Clause
Articles
2 May 2023
No Comments
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...
Bad Faith, Illegality And By-Laws
Articles
2 May 2023
No Comments
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...
Equity and the Defence of Dishonesty
Articles
24 February 2023
No Comments
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...
Can you appeal court costs?
Articles
24 February 2023
No Comments
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...
The Importance of Written Agreements in Oppression Remedy Cases
Articles
19 February 2023
No Comments
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...
What About Innocent Misrepresentation?
Articles
19 February 2023
No Comments
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...
Is Adverse Possession Dead In Ontario?
Articles
10 February 2023
No Comments
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 –...
Building a Record for the Appeal
Articles
10 February 2023
No Comments
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...
Think Before You Terminate
Articles
4 February 2023
No Comments
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...
What Is Negligent Misrepresentation?
Articles
4 February 2023
No Comments
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...
A Million Dollar Parking Ticket?
Articles
27 January 2023
No Comments
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...
To Win, You Need Evidence
Articles
27 January 2023
No Comments
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...
What Is “Total Disability?”
Articles
20 January 2023
No Comments
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...
Should the mediator propose creative solutions?
Alternative Dispute Resolution
20 January 2023
No Comments
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...
Are you now or have you ever been…
Articles
13 January 2023
No Comments
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...
Damages When The Deal Does Not Close
Articles
13 January 2023
No Comments
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...
Taking Entire Agreement Clauses Seriously
Articles
7 January 2023
No Comments
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...
Mitigation In Employment Law Revisited
Articles
7 January 2023
No Comments
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...
What Is Your Objective?
Articles
30 December 2022
No Comments
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,...
Saving The Value of Your Investment Is Not Oppression
Articles
30 December 2022
No Comments
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...
Criminal & Civil Contempt and Intent
Articles
28 December 2022
No Comments
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...
Hearsay Overheard
Articles
28 December 2022
No Comments
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...
The Law of Sleep
Articles
18 December 2022
No Comments
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....
Can You Get That Deposit Back? Part Three
Articles
18 December 2022
No Comments
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...
Virtual Hearings Are Here To Stay
Articles
18 December 2022
No Comments
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...
Sibling Rivalry in Estate Planning
Articles
11 December 2022
No Comments
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...
“P” is for Price
Articles
11 December 2022
No Comments
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...
Prohibition on the Purchase of Residential Property by Non-Canadians
Articles
6 December 2022
No Comments
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,...