Weilers LLP

ARTICLES

Pleadings Are Important

Articles
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...
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What is a “Factum”?

Articles
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?...
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What is a Proof of Loss?

Articles
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...
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Let The Buyer Beware?

Articles
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...
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Relitigating Is An Abuse Of Process

Articles
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...
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What Is Cross-Examination?

Articles
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....
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Remedies For Breach Of Mareva Injunctions

Articles
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...
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Interpreting Wills: The “Armchair” Approach

Articles
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...
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Trustee Compensation and Legal Fees

Articles
May 28, 2024 By Nick Melchiorre  Trustees , including estate trustees, are entitled to compensation for their efforts. But how much? The lawyers for the...
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Who Gets The Dog?

Articles
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...
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Rectifying Wills

Articles
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...
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Road Access and Your Summer Getaway

Articles
May 14, 2024 By Nick Melchiorre  With spring blossoming,  cottage season is approaching. For a lawyer, that means that the status of access roads becomes...
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Is That Will Valid?

Articles
May 9, 2024 By Brian Babcock  In order to be valid, a will must be made while the person making it (the “testator”) has mental...
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Perfection Of Leases Under The PPSA

Articles
May 7, 2024 By Mark Mikulasik In Ontario, the Personal Property Security Act protects lenders through a priority of registration system. A key exception is...
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A Perfect Night for a “Flight” in Support of Local Businesses

News
Jacob Thompson had the pleasure of presenting the award for Business Excellence – Medium to Jones Insurance at this year’s Thunder Bay Chamber of Commerce...
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Proof Is Far From Standard

Articles
May 2, 2024 By Brian Babcock  You probably know the phrase “beyond a reasonable doubt”. This criminal standard of proof receives frequent attention in the...
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Meet Our Newest Associate Lawyer, Alyvia Cotter

News
Alyvia, pronounced the same way as “Olivia,” but with an “A.” Alyvia joined Weilers in 2023 as an articling student and became an associate lawyer...
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Subjective Intention Doesn’t Matter

Articles
April 30, 2024 By Jonathon Clark  That eye-catching headline is a bit misleading. In criminal litigation, subjective intention – whether the accused meant to commit...
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What Is A “Matter OF Public Interest”?

Articles
April 25, 2024 By Brian Babcock  We have written before explaining anti-SLAPP motions in Ontario. THE ISSUE The test for a defendant to have a...
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A Contract On A Napkin?

Articles
April 23, 2024 By Nick Melchiorre  “An oral contract is worth the paper it is written on” is an old saying. Not quite accurate, but...
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COVID and Constructive Dismissal

Articles
April 18, 2024 By Brian Babcock  Cases related to loss of employment due to COVID shutdowns continue to work their way through the system. Employers...
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Beware The “Use” Clause In Your Lease

Articles
April 16, 2024 By Mark Mikulasik Commercial leases typically contain a clause which restricts the type of use that the tenant can have in the...
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Doing Repair and Storage Liens Right

Articles
April 11, 2024 By Nick Melchiorre  The law of possessory liens in Ontario is governed by the Repair and Storage Liens Act. This law attempts...
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High Conflict Estates Cost A Lot

Articles
April 9, 2024 By Jonathon Clark  An estate trustee has a right to be indemnified for its proper costs and expenses. An estate trustee may...
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Gift or Trust?

Articles
April 4, 2024 By Brian Babcock  We have written before about resulting trusts, and the case of Pecore v Pecore which says that when you...
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If You Need To Sue

Articles
April 2, 2024 By Jonathon Clark  We recently wrote an article about what to do if you are sued. But what about if you want...
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When Time Is Of The Essence

Articles
March 28, 2024 By Mark Mikulasik In our modern casual world, we seldom need to be precise about being on time. Thus, we develop bad...
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Preparing For Your Examination for Discovery

Articles
March 26, 2024 By Jonathon Clark  Now that we know what an examination for discovery is, it is time to talk in greater detail about...
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Judicial Review of Government Contracts

Administrative Law
March 21, 2024 By Nick Melchiorre  Judicial review is like an express lane towards a court decision – it is only available to review administrative...
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The Cost Of Settling Unreasonably

Articles
March 19, 2024 By Jonathon Clark  A settlement agreement between parties to a lawsuit is a contract, and will  be enforced by the court where...
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Does That Property Belong To Your Spouse?

Articles
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...
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What Is An Examination for Discovery

Articles
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...
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Is That Will Valid?

Articles
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...
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So, You Want To Be A Witness…

Articles
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...
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Lien Trusts Require Separate Action

Articles
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...
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