Specific Performance: Frequently Asked Questions
January 21, 2025 By Mark Mikulasik What is specific performance? It is an equitable remedy for breach of contract in which the Court orders the party in breach to performed or complete the contract. Does it only apply to real estate? No. Although real estate deals gone bad are the classic typical example of situations […]
What Is Equity?
January 16, 2025 By Brian Babcock We have posted numerous articles discussing various aspects of equity but have not yet posted a stand-alone article defining and explaining what equity is all about. Let us fix that now. Once upon a time, the common law was an unruly beast. It was largely administered locally, and was […]
What Is “Judicial Notice”?
January 14, 2025 By Brian Babcock In previous articles, we have mentioned judicial notice, so we thought it might be interesting to explain the concept. Judicial notice is an important legal concept that allows courts, including those in Ontario, to recognize and accept certain facts as true without requiring formal proof. This principle streamlines judicial […]
Piercing The Corporate Veil Revisited
January 9, 2025 By Nick Melchiorre We have recently written an article on the test for “piercing the corporate veil” to find officers, directors or others personally responsible for the corporation’s fault. That article was based on a recent Ontario Court of Appeal decision. As discussed in that article, the test for piercing the corporate […]
Understanding The “Burden of Proof”
January 7, 2025 By Brian Babcock In legal terms, “burden of proof” refers to the obligation of a party to prove their claims in a case. This concept is crucial in both civil and criminal law, as it determines who has the responsibility to provide evidence to support their argument and win the case. Types […]
When The Deal Does Not Close Revisited
December 17, 2024 By Nick Melchiorre We have written previously about how damages are typically assessed when the deal does not close due to the fault of the buyer. Everything we said in that article remains true for most cases. THE ISSUE As with most legal principles, there are exceptions to the usual rules, because […]
Arbitrations and Adjournments
December 31, 2024 By Brian Babcock The Ontario Court of Appeal has confirmed that the scope for refusal to recognize an international arbitration is narrow. In Xiamen International Trade Group Co., Ltd. v. Link Global Food Inc., the Superior Court judge who first heard the request to recognize the award in Ontario denied a request […]
Another Reason Not To Sleep On Your Rights
December 26, 2024 By Mark Mikulasik We have written several articles about why it is essential to beware of time limits, and to commence your action in a timely fashion, yet examples continue to come to our attention of situations in which parties attempt unsuccessfully to make arguments to extend the time and validate a […]
Does Business Interruption Insurance Cover Covid Related Losses?
December 24, 2024 By Brian Babcock The mandatory shutdowns and limitations on business activities during the height of the Covid pandemic caused many businesses to suffer losses, or less profit than anticipated. THE ISSUE To mitigate these losses, many businesses filed claims with their commercial property insurers claiming under their business interruption coverage. Perhaps you […]
Intrusion Upon Seclusion Must Be Highly Offensive
December 19, 2024 By Brian Babcock The tort of intrusion upon seclusion has been recognized in Ontario since 2012. The three-step test introduced then: The defendant’s conduct must be intentional, including recklessness; The defendant must have invaded, without lawful justification, the plaintiff’s private affairs or concerns; and A reasonable person would regard the invasion as […]