Slip and Fall or Automobile Accident?
March 4, 2025 By Brian Babcock A person slips and falls in an icy parking lot while holding their key fob and reaching out to open their car door. They are not touching the car when they fall. The fall is caused by the ice, not by the car. THE ISSUE Is this a slip […]
Commercial Landlords May Not Have To Mitigate
February 28, 2025 By Mark Mikulasik If a commercial tenant repudiates the lease, that is, says they no longer intend to perform their side of the bargain the landlord has two options: they may immediately terminate the lease by following the procedures in the law, or they may refuse to accept the repudiation and treat […]
Legal Risks of Your Home Renovation Project
February 25, 2025 By Nick Melchiorre Whether you are do-it-yourselfer or hire a contractor, home renovations, like anything else in life, attract some specific legal concerns. DEALING WITH CONTRACTORS Is your contractor a licensed business? Though licensing does not guarantee reliability, it is a minimum expectation of a legitimate business. An unlicensed contractor – someone […]
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 […]