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 […]
Do You Have a Right to an Adjournment?
July 22, 2025 By Brian Babcock If you are involved in a lawsuit in Ontario, you may find that through no fault of your own, you are unable to proceed on the date set for the case. What happens? You, or your lawyer, must request an adjournment. Note that the key word here is request. […]
Damages and the Innocent Plaintiff
July 17, 2025 By Jonathon Clark What damages can you recover if a supposed friend wrongfully retains something you gave them for safekeeping and strips it of parts before you can recover it? THE ISSUE As a general rule, a court will award you the lesser of the cost of repair or the fair market […]
Can You Get That Deposit Back? Part Four
July 15, 2025 By Nick Melchiorre When a buyer fails to complete a real estate transaction, the seller is usually entitled to retain the deposit and sue for damages. If the deposit is less than the damages, the amount of the deposit is subtracted from the damages. If the damages are less than the deposit, […]
Power of Attorney vs. Guardianship in Ontario: What’s the Difference?
July 10, 2025 By Mark Mikulasik Having posted a recent article on Powers of Attorney, the question in the title arises. When it comes to making decisions on behalf of someone who can no longer make them for themselves, two legal tools often come into play in Ontario: Power of Attorney and Guardianship. While both […]
How to Challenge a Neighbour’s Encroachment on Your Property
July 8, 2025 By Nick Melchiorre Property disputes between neighbours can be stressful, especially when it comes to encroachment — the unauthorized use of your land. Whether it’s a fence, a shed, or part of a driveway, it’s important to understand your rights and the steps to resolve the situation legally and effectively. Here’s what […]
Termination Clause Upheld
July 3, 2025 By Brian Babcock We have written several articles on the trend in Ontario courts to find termination clauses in employment contracts as void because they do not conform to the minimum standards in the Employment Standards Act. This does not mean all termination clauses are void. A well-crafted clause may be upheld. […]