When Corporate Records Go Missing
August 8, 2024 By Mark Mikulasik Good corporate record keeping is important. But for the case discussed in this article, we might have said that it is essential. THE ISSUE But what happens if the corporate minute book and other records are missing, and a dispute arises? THE CASE Family business disputes can be exceptionally […]
Insurer’s Pollution Exclusion Did Not Apply
August 6, 2024 By Jonathon Clark Many commercial insurance policies, and homeowners policies, contain forms of pollution exclusions. They vary from policy to policy, but because they are written by insurers, they attempt to severely or absolutely limit the situations in which insurers must indemnify property owners or occupiers for spills. As with any insurance […]
A Dog Does Not Get One Bite
August 1, 2024 By Brian Babcock Do you own a dog? Do you have a tenant that owns a dog? (Do you know?) Are you concerned about your rights if you or a loved one suffers a dog bite? THE ISSUE The saying “every dog is entitled to one bite” is NOT the law. But […]
Rethinking Releases Again
July 30, 2024 By Jonathon Clark Settlements may be reached calmly and with reflection, or hurriedly in a hallway. In any case, it is important to make sure that the terms of settlement are clear and complete. THE ISSUE One of the terms of most settlements is to require a release to be signed. But […]
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 […]