Appeal and Arbitration
July 25, 2024 By Brian Babcock Most arbitrations in Ontario are governed by the Arbitration Act, 1991. Some are governed by the International Commercial Arbitrations Act, a topic for another day. THE ISSUE Are you aware of you’re appeal rights if you chose to arbitrate? We see many arbitration agreements where the parties did not […]
Vacation Pay: A Hidden Liability?
July 23, 2024 By Brian Babcock Do you pay out unused vacation pay at the end of each year? THE ISSUE If not, you may accrue a significant hidden liability over time. THE CASE For example, in Boyer v Callidus Corporation, the former vice-president of the company was unsuccessful in his claim for constructive dismissal. […]
Restrictive Covenants and Restraint of Trade
July 18, 2024 By Nick Melchiorre When is a restrictive covenant an unlawful restraint of trade? THE CASE The Ontario Court of Appeal takes a deep dive into the issue in 7868073 Canada Ltd. v. 1841978 Ontario Inc. and provides some guidance, but ultimately leaves the question open for another day. Why do they do […]
When the Story Changes
July 9, 2024 By Brian Babcock We have written before about how success in a lawsuit usually depends upon good story telling. Good story telling begins with good pleadings- the documents that start the lawsuit, set out the defence, or a reply by the Plaintiff. Pleadings help tell your story. THE ISSUE But what happens […]
Common Sense and the Duty of Good Faith in Real Estate Deals
July 11, 2024 By Mark Mikulasik Common sense and the duty of good faith in the performance of a contract may result in imperfect compliance with strict legal requirements being enforced in favour of the party performing in bad faith. THE ISSUE What happens when a real estate deal does not close on time but […]