Gift or Trust Revisited
April 21, 2026 By Brian Babcock Some time ago, we explained the legal concept of the resulting trust, and the presumption of resulting trust, which Canadian courts apply to help tell whether a transfer of property or money is a gift or is intended to keep an interest in the property, called a beneficial interest, […]
Court Costs May Be A Bigger Risk Than Damages
April 14, 2026 By Jonathon Clark We have already explained that failing to accept an offer to settle a lawsuit can have serious cost consequences in Ontario. THE ISSUE What happens when the Plaintiff recovers damages, but less than their offer to settle, and the Defendant made no monetary offer? AN OVERVIEW Although costs are […]
“What is a Building?” When Opinions Differ
April 7, 2026 By Nick Melchiorre You may know that a building permit is required in Ontario to erect a building. THE ISSUE As with most regulations, under the Building Code Act, there are many subtleties, which can be subject to interpretation. That interpretation often turns on the opinion of the Chief Building Official. This […]
Congratulations Brad Smith!
Brad’s career at Weilers has spanned nearly 35 years. After graduating law school, Brad started with the firm as a student in 1991 and was a Partner for more than two decades before he became Counsel. Brad has spent many years mentoring students and associate lawyers, and he’s leaving his Labour & Employment and Family […]
What is an Audited Statement Under a Contract?
March 31, 2026 By Mark Mikulasik Does your lease, credit agreement, or other contract require that either party provide the other with an “audited statement”? THE ISSUE What does this mean? What happens if the requirement is not met? A QUALIFIER In Canadian law, interpreting words in a contract no longer depends, as it once […]
Insurance Against the High Cost of Compliance
March 24, 2026 By Brian Babcock Do you know what your insurance policy covers? Will it pay the full cost of rebuilding if your home or commercial building is destroyed by fire or other insured hazards? If you have not read your policy closely you might be surprised by the answer. THE ISSUE Most property […]
Misconduct and the Departing Employee
March 17, 2026 By Jonathon Clark What happens when a senior employee departs and sets up a competing business? THE ISSUE With Ontario’s Employment Standards Act banning non-competition agreements (except for listed “Chief” officers), this is an increasingly important question. Employers may not be pleased by the result in Titus Steel Company Limited v. Hack. […]
Residential Landlords Beware
March 10, 2026 By Nick Melchiorre Bad faith efforts to terminate a residential tenancy may lead not only to a failure to evict the tenant. In Ontario, the Landlord and Tenant Board has the power to impose a substantial administrative fine on the landlord for this misconduct. This has been confirmed by the Divisional Court […]
Because a Power of Attorney is Powerful
March 3, 2026 By Mark Mikulasik A power of attorney is, as its name implies, a powerful document. As such, it must be used with care and not abused. THE ISSUE What should happen when you feel that someone is misusing a power of attorney granted by your loved one? THE CASE The remedy […]
Material Change and Mining
February 24, 2026 By Nick Melchiorre We act for mining companies, providing a broad range of services. But we do not act on securities law issues. So why are we writing an article about securities law? Because it affects mining companies operationally as well as under securities regulation. In Lundin Mining Corp. v. Markowich the […]