The Importance of Powers of Attorney
April 8, 2025 By Mark Mikulasik What Is a Power of Attorney? A Power of Attorney is a crucial legal tool that ensures your affairs are managed according to your wishes if you become incapacitated or are unavailable. Taking the time to create a POA now can save your loved ones significant stress and legal […]
Remote Work and the Law: Are Ontario Employers Liable for Office Injuries?
April 3, 2025 By Brian Babcock The shift to remote work has transformed the employment landscape in Ontario, bringing new legal considerations for both employers and employees. One key question that has emerged is whether Ontario employers can be held liable for workplace injuries sustained by employees working from home. The answer, as with many […]
Variation of Trusts
April 1, 2025 By Mark Mikulasik Having recently posted an article about termination of trusts, we now consider the situation where you want the trust to continue, but some of the terms are no longer appropriate, because circumstances have changed. This may be a change in tax rules, or circumstances of beneficiaries changing from those […]
Termination of Trusts
March 27, 2025 By Mark Mikulasik How does a trust come to an end? There are several possible ways: The settlor may retain an express power to revoke the trust, but absent that the settlor cannot reclaim any of the trust property. A power of revocation must be clearly and expressly reserved at the time […]
Beware of Waiver By Conduct
March 25, 2025 By Brian Babcock We have written before about the dangers of accidentally waiving solicitor-client privilege. THE ISSUE This privilege is often considered almost absolute, but when does an exception arise? THE CASE In Khani v. Araghi, a dispute over whether or not a separation agreement was binding, the Ontario Court of Appeal […]
If You Die Without A Will
March 20, 2025 By Mark Mikulasik Having a will is one of the most important steps you can take to ensure that your wishes are carried out after your death. However, many Ontarians die without a will in place. Dying without a will in Ontario can create unnecessary stress and financial burden for your loved […]
Mediation or Litigation in Ontario: Pros and Cons
March 18, 2025 By Brian Babcock Resolving legal disputes can be a challenging and stressful process, but there are several options available in Ontario to help parties navigate their conflicts. Two of the most popular methods are mediation and litigation. Both have their own advantages and disadvantages, and understanding these can help you choose the […]
What Is A Norwich Order?
March 13, 2025 By Jonathon Clark A Norwich order is a form of pre-action discovery or preservation order that can be obtained in Ontario by application in the Superior Court. It differs from other pre-action orders in that aimed at persons other than the proposed defendant- though the respondent must have some connection to the […]
Digital Defamation in Ontario
March 11, 2025 By Brian Babcock In today’s world, a single tweet, post, or comment can spread like wildfire, reaching thousands—if not millions—in seconds. While the internet has arguably improved instant communication, it has also increased the risk of defamatory statements causing significant harm to individuals and businesses. In Ontario, the legal framework for addressing […]
Two Thumbs Up For Contracts
March 6, 2025 By Mark Mikulasik A while back, we wrote an article about a Saskatchewan case that interested us even though we are in Ontario. In Achter Land & Cattle Ltd. v South West Terminal Ltd., a judge of the King’s Bench (equivalent to the Superior Court in Ontario) ruled that a reply to […]