Thinking of Leaving a Life Interest in Your Will?
January 13, 2026 By Mark Mikulasik It is not unusual for a will to provide that a named person is permitted to live in a named property until their death (or another event), and then title passes to the residual beneficiaries (other named people), sometimes referred to as the “remaindermen”. In the absence of the […]
Sometimes You Can Get an Adjournment
January 6, 2026 By Brian Babcock We have written before about the difficulties created if you need, or simply want, an adjournment of a hearing. Adjournments are not automatic, and when a matter is set for an actual hearing, courts and tribunals understandably want to make good use of the time. Opposing parties also have […]
The Risks When Your Real Estate Deal Fails to Close
December 30, 2025 By Nick Melchiorre We have written before about what happens if a prospective buyer is unable to close the real estate deal. This may not be as big a problem in Thunder Bay and Northwestern Ontario, where the market is still vigorous, but it is a significant issue in the GTA, where […]
Nominal Damages are Not a Win
December 23, 2025 By Jonathon Clark Nominal Damages are awarded when the Plaintiff proves that they suffered a wrong but cannot prove that they suffered a loss as a result of the wrong. They are said to Illustrate the “where there is a right there is a remedy” theme. Or do they? Examples where nominal […]
The Latest on Termination Clauses
December 16, 2025 By Brian Babcock We have written several articles on the tendency of Ontario courts to favour employees in wrongful dismissal claims. THE ISSUE In particular, courts have seldom upheld clauses in employment contract that attempt to limit payments available to the employee upon dismissal. One of these is Dufault v. Township of […]
When are Damages Assessed?
December 9, 2025 By Nick Melchiorre We have written about the measure of damages in a breach of contract case, in particular where a real estate deal fails to close. It is clear that the normal measure of damages for a failed real estate purchase is the difference between the contract price and the market […]
Adjournment and the Duty to Accommodate
December 2, 2025 By Brian Babcock The decision whether or not to adjourn a hearing before a court or tribunal is discretionary. This does not mean that there are no limits on how that discretion is exercised. If the judge or adjudicator fails to follow established principles, a new hearing may be ordered. The duty […]
Why Do We Call it ‘Estate Planning”?
November 25, 2025 By Mark Mikulasik Why do we like to use the term “estate planning” rather than simply “wills”? Because there is more to your estate plan than just preparing a will. Other things you need to consider include: Do you need to establish trusts while you are alive? Do you have up to […]
Changing Attitudes and Changing Law
November 18, 2025 By Brian Babcock Will your homeowners insurance pay you for a loss to your property if you grow marijuana at home? Whether this specific risk may apply to you or not, it is a question which has popped up in the courts and usefully illustrates some risks to your coverage. THE CASES […]
Appointing A Corporate Inspector
November 11, 2025 By Jonathon Clark We have written a series of articles on the oppression remedy as a flexible and dynamic remedy for closely held Ontario corporations. The oppression remedy responds well in many cases where the controlling party behaves badly. In order to obtain an oppression remedy, you must prove that the conduct […]