What Is A Norwich Order?
March 13, 2025 By Jonathon Clark A Norwich order is a form of pre-action discovery or preservation order that can be obtained in Ontario by application in the Superior Court. It differs from other pre-action orders in that aimed at persons other than the proposed defendant- though the respondent must have some connection to the […]
Digital Defamation in Ontario
March 11, 2025 By Brian Babcock In today’s world, a single tweet, post, or comment can spread like wildfire, reaching thousands—if not millions—in seconds. While the internet has arguably improved instant communication, it has also increased the risk of defamatory statements causing significant harm to individuals and businesses. In Ontario, the legal framework for addressing […]
Two Thumbs Up For Contracts
March 6, 2025 By Mark Mikulasik A while back, we wrote an article about a Saskatchewan case that interested us even though we are in Ontario. In Achter Land & Cattle Ltd. v South West Terminal Ltd., a judge of the King’s Bench (equivalent to the Superior Court in Ontario) ruled that a reply to […]
Slip and Fall or Automobile Accident?
March 4, 2025 By Brian Babcock A person slips and falls in an icy parking lot while holding their key fob and reaching out to open their car door. They are not touching the car when they fall. The fall is caused by the ice, not by the car. THE ISSUE Is this a slip […]
Commercial Landlords May Not Have To Mitigate
February 28, 2025 By Mark Mikulasik If a commercial tenant repudiates the lease, that is, says they no longer intend to perform their side of the bargain the landlord has two options: they may immediately terminate the lease by following the procedures in the law, or they may refuse to accept the repudiation and treat […]
Legal Risks of Your Home Renovation Project
February 25, 2025 By Nick Melchiorre Whether you are do-it-yourselfer or hire a contractor, home renovations, like anything else in life, attract some specific legal concerns. DEALING WITH CONTRACTORS Is your contractor a licensed business? Though licensing does not guarantee reliability, it is a minimum expectation of a legitimate business. An unlicensed contractor – someone […]
There Are No Guarantees
February 20, 2025 By Jonathon Clark “Am I going to win?” must be very high on any list of frequently asked questions of lawyers when clients are about to sue or are being sued. It is common for clients to ask their lawyer to guarantee the outcome of a lawsuit. This is understandable. Transactional work […]
Do You Need Winter Tires?
February 18, 2025 By Brian Babcock In the Province of Quebec, winter tires are mandatory during winter months. Ontario has no such law. There is no question that snow tires reduce collisions. Some insurers offer discounts if you install winter tires. There do not appear to be any court decisions in Ontario in which the […]
Lawsuits and the Correct Party to the Contract
February 13, 2025 By Mark Mikulasik It is important to know who you are doing business with. It is just as important to be clear which name you are doing business under. It is not unusual for several related corporations, partnerships or even individuals to bill themselves as “THE ABC GROUP”. This creates a risk […]
The Consequences of an Unconditional Offer to Purchase
February 11, 2025 By Nick Melchiorre Should you make an unconditional offer to buy a house? Ultimately, that decision is up to you, but you ought to know that if you do, you may not be able to get out of the deal without substantial cost. We have written before about force majeure in the […]