Arbitrations and Appeals of Preliminary Opinions
August 27, 2024 By Brian Babcock An arbitrator has jurisdiction under the Arbitrations Act,1991 of Ontario to determine whether the arbitrator has jurisdiction as a preliminary matter. This principle is well established. Either party may apply to have the arbitrator’s decision reviewed by a Superior Court judge. The Act goes on to provide that an […]
When Are Directors Personally Liable?
August 27, 2024 By Brian Babcock The general rule is that directors and officers of a corporation cannot be sued for the wrongful acts of the corporation. This is a corollary to the principle that corporations have their own legal identity, as if they are persons. Except corporations cannot think like people can, so the […]
How To Read An Insurance Policy
August 22, 2024 By Brian Babcock If you have an insurance claim, it may be determined based upon the wording of your insurance policy. These are complex documents that are often hard to understand. THE BASICS Every word means something. Words are given their plain meaning, unless they are a defined term. Words are read […]
Interference With A Right Of Way
August 20, 2024 By Nick Melchiorre What would you do if your neighbour put a gate across your shared driveway? THE ISSUE In an earlier article about easements, we mentioned that even a simple right of way for a shared driveway may cause problems. THE CASE This is illustrated in Nolet v. Granger, a recent […]
Don’t Be Denied Arbitration
August 15, 2024 By Brian Babcock Despite an agreement to arbitrate, the opposing party might start a court action. What do you do then if you want the dispute to go to arbitration? You apply for a stay of the court action. This is similar to a stay of enforcement of a court order, but […]
Contempt Of Court May Be Fatal To Your Case
August 13, 2024 By Jonathon Clark Penalties for contempt vary greatly, but it is extremely rare to see a “death penalty” where a case is dismissed. It is a central principle of our legal system that wherever possible, cases should be determined on their merits, not based on procedural considerations. ISSUE Something as simple as […]
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 […]