Inadequate Provision For Dependents In Your Will
October 24, 2024 By Brian Babcock By its very name, a will is supposed to reflect the desires of the testator- the person whose will it is. This discretion to leave your assets to whoever you wish is not unlimited. In Ontario, two laws limit your ability to write the will you want. Under the […]
Anti-SLAPP Motions: Weighing The Public Interest
October 17, 2024 By Brian Babcock An “Anti-SLAPP motion” is a motion by a defendant, usually in a defamation case, to have the action dismissed at its beginning, because public discussion of matters of public interest is important. Because of this, on Anti- SLAPP motions, emphasis is often placed upon whether statement under attack is […]
Is That Non-Compete Enforceable?
October 15, 2024 By Nick Melchiorre Non-compete agreements are common in employment contracts and sales of businesses. They are not always enforceable. Public policy favours vigorous competition, to maintain a free market for goods or services. Non-compete agreements will only be enforced if the party who benefits from the agreement has a legitimate interest that […]
If Your Wall Falls Down
October 10, 2024 By Brian Babcock Insurance policies cover fortuitous losses, but what does that mean? Lalani Properties International Inc. v. Intact Insurance Company is a very long Ontario Court of Appeal decision, which we have read so you don’t have to. One of the reasons it is so long is that it deals with […]
Weather and the Law
October 8, 2024 By Brian Babcock Weather- everybody talks about it, but no one does anything about it. In Thunder Bay weather can range from heat in the summer to extreme cold in the winter – with lots of thunderstorms, as the name implies. At Weilers LLP we cannot control the weather, but weather is […]
10 Ways To Save Waste Money On Your Lawsuit
October 3, 2024 By Brian Babcock Don’t tell your lawyer the truth. Don’t tell your lawyer the whole story up front. Don’t organize your documents before you bring them to your lawyer. Don’t bring all of the documents at one time. Don’t pay attention to the broad definition of documents on production- leave out electronic […]
The Best Defence…
October 1, 2024 By Jonathon Clark The best defence may not always be a good offence, but it should tell a good story. So far our posts about story telling have focused on the Plaintiff side and the Statement of Claim. Now, we look at the Statement of Defence. It is much harder to tell […]
10 Things To Know About Injunctions
September 26, 2024 By Brian Babcock Did you listen to or read the news about encampments and injunctions and wonder what they were talking about? Here are 10 things you need to know about injunctions, except maybe in Quebec: Courts may order an injunction where it is “just and convenient” to do so. Injunctions are […]
Who Gets The Dog Part 2
September 24, 2024 By Brian Babcock We posted an article recently highlighting the issue of the risk of battles over dog ownership, focused on the case of Carvalho v. Verma, a particularly hard-fought battle. How hard fought? The court has now considered the costs of this application. Noteworthy is the fact that the two sides […]
Eight More Things To Know About Solicitor-Client Privilege
September 19, 2024 By Jonathon Clark Solicitor-client privilege is of profound importance in our system of justice. Yet the rules of evidence governing privilege are complex. That makes the Superior Court decision in Quadrangle v. AG Canada, instructive. It makes several important points: Solicitor-client privilege applies to communications between a solicitor and client directly leading […]