Can You Appeal The Appointment Of An Arbitrator?
December 12, 2024 By Jonathon Clark If you are party to an agreement to arbitrate in Ontario, and cannot agree on the arbitrator, either party may apply to the Superior Court to appoint an arbitrator.[1] THE ISSUE Can you appeal the judge’s order if you are unhappy with it? Short answer: No. THE LAW Section […]
10 Things To Know About Specific Performance
December 10, 2024 By Nick Melchiorre 10 THINGS TO KNOW ABOUT SPECIFIC PERFORMANCE Specific performance is an equitable remedy designed to enforce contractual bargains by requiring a defaulting party to keep up their side of the bargain. It is most frequently thought of in relation to real estate deals that fail to close. Being an […]
What Time Limit Applies?
November 28, 2024 By Jonathon Clark We have written several articles on the dangers of “sleeping on your rights” and missing a limitation period- the time limit set by law to sue. THE ISSUE In order to protect yourself, you need to know what time limit applies. The standard and most common limit is under […]
Give Prompt Notice To Your Insurer
November 26, 2024 By Brian Babcock Chances are that you have an insurance policy that includes protection against claims by others. This includes a right to a defence at the cost of the insurer. If there is uncertainty about coverage, the insurer is often ordered by a court to fund the defence, subject to a […]
Why Get A Lawyer To Draft Your Will
November 21, 2024 By Mark Mikulasik November is Make-A -Will Month. This is a promotion by the Ontario Bar Association, yet this month, television seems to be swamped with commercials for an online will service. The one that talks about “the hassle and cost of a lawyer”. So why would you bother consulting a lawyer […]
Judicial Review is Only for Decisions “Of A Public Character”
November 19, 2024 By Nick Melchiorre We have discussed judicial review in other articles. In 2020, we explained that it is “a process by which courts supervise decisions of administrative bodies”. In 2024, we clarified that private contracts of government bodies are not reviewable, based upon a decision of the Divisional Court, the entry-level court […]
The Duty to Defend Mixed Claims
November 14, 2024 By Brian Babcock In insurance litigation, “mixed claims” refers to an action which contains claims which are both insured and uninsured. The issue of who pays the cost of defence of mixed claims often arises. This issue has been considered by the Ontario Court of Appeal in Live Nation Ontario Concerts GP, […]
What is Equity?
November 12, 2024 By Brian Babcock We have posted several articles that refer to “equity” or its cousins, such as “equitable principles” or “equitable remedies”. We have tried to give short explanations, but some readers may want the full story. If so, read on. Equity has its roots as a corrective for harsh or unfair […]
Are Restrictive Covenants Enforceable in Ontario?
November 7, 2024 By Brian Babcock There was a lot of publicity when Ontario amended the Employment Standards Act to make certain restrictive covenants unenforceable. This has created some confusion, with people mistakenly believing that ALL restrictive covenants are unenforceable in court. To begin to understand this, we must first note that the ban only […]
Oral Evidence May Not Help You Win
November 5, 2024 By Mark Mikulasik We have talked about the advantages of putting a contract in writing. THE ISSUE You need to be aware that if you put the contract in writing, particularly if it deals with land, evidence of a witness (as opposed to written evidence) will not be admitted if it contradicts […]