Weilers LLP

ARTICLES

Covid and Business Interruption Insurance

Articles
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...
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Commercial Insurance Is Not All The Same

Articles
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...
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Time Limits and Judicial Review

Administrative Law
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...
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How Clean Must Your Hands Be

Articles
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...
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What Is Spoliation?

Articles
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...
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Exceptional Circumstances In Employment Law

Articles
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....
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The Growth Of The Duty Of Good Faith

Articles
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...
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What Is An Equitable Mortgage?

Articles
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...
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An Oppression Remedy Is An Equitable Remedy

Articles
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...
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Appealing With Leave

Administrative Law
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,...
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Love’s Labour Lost

Articles
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...
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Interpreting Rights of First Refusal

Articles
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...
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Sealing Orders, Removing Lawyers, and Privilege

Articles
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...
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What Is A “Stay”?

Articles
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...
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What To Do If You Are Sued

Articles
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...
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Buyer Beware: Insurance Coverage and Misrepresentation

Articles
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...
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Suing Tribunals

Administrative Law
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...
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Arbitrators and Bias

Alternative Dispute Resolution
December 21, 2023 By Brian Babcock One ground to object to the selection of a decision maker- be they judge, be they arbitrator – is...
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Mining Arbitrations Can Be Frustrating

Alternative Dispute Resolution
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...
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Slapping Down SLAPPs

Articles
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...
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Time Limits Are Not Easy

Articles
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...
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Fraud and Tracing Funds

Articles
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...
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A Cautionary (But True) Tale

Articles
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...
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News
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...
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The Certificate of Pending Litigation and an Interest in Land

Articles
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....
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Causation in Human Rights Cases

Administrative Law
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...
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Relevancy Versus Confidentiality

Articles
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...
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Certificates of Pending Litigation

Articles
November 6, 2023 By Jonathon Clark Do you know what a “certificate of pending litigation” ( often called a CPL) is and does? A CPL...
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Oppression Remedies, Equity and Arbitration

Alternative Dispute Resolution
November 3, 2023 By Brian Babcock Courts continue to defer jurisdiction to arbitrators where parties have agreed to arbitrate. THE ISSUE How far will a...
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Thumbs up for Contracts

Articles
October 30, 2023 By Mark Mikulasik A contract requires an offer and acceptance. It also requires consideration, but we already explained that concept.  “Offer and...
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Fixed or Indefinite Employment and Why it Matters

Articles
October 27, 2023 By Brian Babcock When does a fixed-term contract of employment become a contract of indefinite duration? In Ontario and most of Canada,...
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Making Sure you Have a Contract

Articles
September 22, 2023 By Mark Mikulasik In order for there to be a contract, there must be a “meeting of the minds”. Sometimes, this is...
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Pick a Number, Any Number

Articles
October 23, 2023 By Brian Babcock You agree to purchase a condominium, but the vendor breaches the agreement. THE ISSUE What are you entitled to...
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Enforcement of judgments from Outside Ontario

Articles
October 20, 2023 By Jonathon Clark If you have obtained a judgment against a person (or corporation) in a court outside Ontario, what do you...
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Evidence in the Internet Age – Part 2

Articles
October 16, 2023 By Brian Babcock The internet is an ocean of information. Some of it is even correct. The paramount rule governing the admissibility...
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