What Is A Tree Worth?
February 4, 2025 By Brian Babcock If you live in Northwestern Ontario, as we do, you are surrounded by trees. They seem to be everywhere. Forestry remains a dominant industry even as mining grows. So, not infrequently, we face cases involving improper removal of trees, or damage to trees. Which raises the question that I […]
Leave To Appeal An Arbitration Award
January 30, 2025 By Mark Mikulasik Section 45(1) of the Arbitration Act, 1991 (the “Arbitration Act“) provides: 45(1) If the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied […]
Employment Disputes: Tribunal or Litigation?
January 28, 2025 By Brian Babcock You might think that courts have wrestled with the question of whether a dispute must be submitted to arbitration or may proceed to litigation often enough that there would no longer be doubts. Kolacz v. Labourers International Union of North America Local 837 shows that judges still must wrestle […]
Meet Our Newest Associate Lawyer, Nic LeBlanc
Nic graduated from the Bora Laskin Faculty of Law where he obtained his JD in 2024. Before starting Law School, Nic attended Queens University and received his Honours Bachelor of Arts in Psychology and Sociology. Nic joined the Weilers team prior to his Call to the Ontario Bar in October 2024. To learn more about […]
Meet Our Newest Associate Lawyer, Kyle Costa
Kyle obtained his JD from the University of Ottawa Faculty of Law in 2023. Prior to law school, he obtained an Honours bachelor’s degree in Applied Life Sciences from Lakehead University in 2020. Kyle originally began working for Weilers in the summer of 2022 as a student following his second year of law school and […]
Why To Respond To A Human Rights Complaint
January 23, 2025 By Brian Babcock If you are named as a respondent to a human rights complaint, in order to dispute the claim, you must file a reply and participate in the process. The complaint will not simply go away. Despite this, some people imitate ostriches and stick their heads in the sand. This […]
Specific Performance: Frequently Asked Questions
January 21, 2025 By Mark Mikulasik What is specific performance? It is an equitable remedy for breach of contract in which the Court orders the party in breach to performed or complete the contract. Does it only apply to real estate? No. Although real estate deals gone bad are the classic typical example of situations […]
What Is Equity?
January 16, 2025 By Brian Babcock We have posted numerous articles discussing various aspects of equity but have not yet posted a stand-alone article defining and explaining what equity is all about. Let us fix that now. Once upon a time, the common law was an unruly beast. It was largely administered locally, and was […]
What Is “Judicial Notice”?
January 14, 2025 By Brian Babcock In previous articles, we have mentioned judicial notice, so we thought it might be interesting to explain the concept. Judicial notice is an important legal concept that allows courts, including those in Ontario, to recognize and accept certain facts as true without requiring formal proof. This principle streamlines judicial […]
Piercing The Corporate Veil Revisited
January 9, 2025 By Nick Melchiorre We have recently written an article on the test for “piercing the corporate veil” to find officers, directors or others personally responsible for the corporation’s fault. That article was based on a recent Ontario Court of Appeal decision. As discussed in that article, the test for piercing the corporate […]