There Are No Guarantees
February 20, 2025 By Jonathon Clark “Am I going to win?” must be very high on any list of frequently asked questions of lawyers when clients are about to sue or are being sued. It is common for clients to ask their lawyer to guarantee the outcome of a lawsuit. This is understandable. Transactional work […]
Do You Need Winter Tires?
February 18, 2025 By Brian Babcock In the Province of Quebec, winter tires are mandatory during winter months. Ontario has no such law. There is no question that snow tires reduce collisions. Some insurers offer discounts if you install winter tires. There do not appear to be any court decisions in Ontario in which the […]
Lawsuits and the Correct Party to the Contract
February 13, 2025 By Mark Mikulasik It is important to know who you are doing business with. It is just as important to be clear which name you are doing business under. It is not unusual for several related corporations, partnerships or even individuals to bill themselves as “THE ABC GROUP”. This creates a risk […]
The Consequences of an Unconditional Offer to Purchase
February 11, 2025 By Nick Melchiorre Should you make an unconditional offer to buy a house? Ultimately, that decision is up to you, but you ought to know that if you do, you may not be able to get out of the deal without substantial cost. We have written before about force majeure in the […]
Anton Piller: The Civil Search Warrant
February 6, 2025 By Jonathon Clark We have written before about the Mareva injunction, designed to prevent a wrongdoer from absconding with all the funds before the recovery lawsuit can proceed. What about preserving evidence that the wrongdoer might destroy? The Anton Piller order is another extraordinary remedy available at the start of a lawsuit […]
What Is A Tree Worth?
February 4, 2025 By Brian Babcock If you live in Northwestern Ontario, as we do, you are surrounded by trees. They seem to be everywhere. Forestry remains a dominant industry even as mining grows. So, not infrequently, we face cases involving improper removal of trees, or damage to trees. Which raises the question that I […]
Leave To Appeal An Arbitration Award
January 30, 2025 By Mark Mikulasik Section 45(1) of the Arbitration Act, 1991 (the “Arbitration Act“) provides: 45(1) If the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied […]
Employment Disputes: Tribunal or Litigation?
January 28, 2025 By Brian Babcock You might think that courts have wrestled with the question of whether a dispute must be submitted to arbitration or may proceed to litigation often enough that there would no longer be doubts. Kolacz v. Labourers International Union of North America Local 837 shows that judges still must wrestle […]
Meet Our Newest Associate Lawyer, Nic LeBlanc
Nic graduated from the Bora Laskin Faculty of Law where he obtained his JD in 2024. Before starting Law School, Nic attended Queens University and received his Honours Bachelor of Arts in Psychology and Sociology. Nic joined the Weilers team prior to his Call to the Ontario Bar in October 2024. To learn more about […]
Meet Our Newest Associate Lawyer, Kyle Costa
Kyle obtained his JD from the University of Ottawa Faculty of Law in 2023. Prior to law school, he obtained an Honours bachelor’s degree in Applied Life Sciences from Lakehead University in 2020. Kyle originally began working for Weilers in the summer of 2022 as a student following his second year of law school and […]