Claims For Injuries In Family Law
September 23, 2025 By Robert Schroeder Unfortunately, domestic violence is all too common. Until recently, if a spouse wanted to pursue damages for physical injuries or emotional distress, they had to start a lawsuit separate and apart from the lawsuit over the family issues. This discouraged many people from pursuing their rights. Recently, the Ontario […]
Recent Developments on the Duty of Honest Performance in Ontario Contracts
September 16, 2025 By Mark Mikulasik The Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew fundamentally changed Canadian contract law by introducing the duty of honest performance—a general duty requiring parties to act honestly in the performance of contractual obligations. Since then, Ontario courts have steadily developed and applied this principle in a […]
How to Select an Arbitrator for a Commercial Dispute in Ontario
September 9, 2025 By Brian Babcock When a commercial dispute arises in Ontario, arbitration can offer a faster, more confidential, and more flexible alternative to litigation. However, the success of arbitration often hinges on one critical decision: selecting the right arbitrator. Selecting an arbitrator is more than a box to check—it’s a strategic decision that […]
Adverse Possession is Hard to Get
September 2, 2025 By Nick Melchiorre When almost all properties in Ontario were transitioned into the Land Titles system, we were told that claims for adverse possession would gradually vanish. The Land Titles system guarantees that the paper title is the real title (subject to a few exceptions) and bans title by adverse possession. This […]
Beware the Agreement to Agree
August 26, 2025 By Nick Melchiorre Agreement as to essential terms is central to the existence of a contract. Without this there is no contract. It is trite law that an “agreement to agree” is not an agreement and cannot create a contract. This is illustrated by a couple of recent Ontario Court of Appeal […]
What Happens if a Buyer Missed the Closing Date in Ontario?
August 19, 2025 By Nick Melchiorre In Ontario real estate transactions, the closing date is one of the most critical aspects of any property sale or purchase. It marks the final stage of the deal, when the buyer is expected to pay the purchase price and the seller transfers ownership of the property. But what […]
The Cost Consequences of Refusing to Settle
August 14, 2025 By Jonathon Clark Litigation is expensive, time-consuming, and emotionally draining. That’s why Ontario courts strongly encourage parties to settle disputes before trial. But what happens if one party unreasonably refuses a fair settlement offer? The answer: they may pay for it—literally. In Ontario, courts have the discretion to impose cost consequences on […]
5 Things That Invalidate a Will in Ontario
August 12, 2025 By Mark Mikulasik Creating a will is one of the most important steps you can take to ensure your wishes are respected after your death. But not all wills are legally valid—certain mistakes or circumstances can render a will invalid in Ontario. Here are five common pitfalls to avoid. The Will Wasn’t […]
Don’t Just Ignore a Lawsuit
August 7, 2025 By Jonathon Clark Getting sued is stressful—but ignoring a lawsuit can make things much, much worse. Whether you’ve been served with a claim in Small Claims Court or the Superior Court of Justice, Ontario law sets out strict timelines and procedures. If you don’t respond, the other party can move ahead without […]
Employers: Excessive Demands on Termination May Come Back to Bite You
August 5, 2025 By Brian Babcock Employers- even if you have a valid termination clause in your employment contracts (see our numerous prior articles on this topic), you must fully comply with the terms of the clause, or risk being found in breach of the contract, leaving you responsible to pay greater amounts to the […]