Weilers LLP

Pleadings Are Important

June 20, 2024 By Brian Babcock Pleadings are important. They define the issues in a case. They allow the opposing parties, and the courts, to understand the case. THE ISSUE Failing to set out in your Statement of Claim or Notice of Application just what you are seeking from the court can leave you disappointed. […]

What is a “Factum”?

June 18, 2024 By Brian Babcock We have written before about the importance of occupying the “moral high ground.” But how do you do that? Everything you do in the court process may play a role- pleadings, evidence and oral argument. But perhaps nothing is as important as the factum. If you are new to […]

What is a Proof of Loss?

June 13, 2024 By Brian Babcock  Have you delivered your Proof of Loss? A Proof of Loss is a standard form declaration that is required to make a claim against your insurance company. (Statutory Accident Benefits are an exception – they have their own forms) Why is that important? If you fail to deliver a […]

Let The Buyer Beware?

May 14, 2024 By Nick Melchiorre  The “death of caveat emptor” has been much heralded but is an exaggeration. THE ISSUE When does a seller of real estate have to disclose defects in the property? THE CASE CanDeal Group Inc. v. Capservco Limited , an Ontario superior Court decision, reviews the boundaries of  doctrine of […]

Relitigating Is An Abuse Of Process

June 6, 2024 By Brian Babcock  Courts have limited resources. Parties usually want finality in resolving their disputes- at least one party usually does. THE ISSUE What happens when a party does not take “no” for an answer? The law provides technical defences to repeated efforts to submit the same issue to the court – […]

What Is Cross-Examination?

June 4, 2024 By Jonathon Clark  We recently wrote about being a witness, a companion piece to an earlier article about the seriousness of affidavits. In both situations, the evidence, and the witness, are subject to cross-examination. “Cross-examination” is examination of a witness by the opposing party, either in court, or sometimes before the court […]

Remedies For Breach Of Mareva Injunctions

May 30, 2024 By Mark Mikulasik What is a Mareva Injunction? Th Ontario Court of appeal describes this relief  in the case of Buduchnist Credit Union Limited v. 2321197 Ontario Inc. at paragraph 45: Mareva injunctive orders restrain the defendant and others from improperly disposing of or dealing with their assets in order to prevent […]

Interpreting Wills: The “Armchair” Approach

May 28, 2024 By Mark Mikulasik Have you ever wondered how a court interprets a will when people disagree about the meaning? THE CASES The principles are described in the Ontario Superior Court decision of Mohapel v. Young. The objective is that: When interpreting a will, the court’s task is to determine the testator’s actual […]

Trustee Compensation and Legal Fees

May 28, 2024 By Nick Melchiorre  Trustees , including estate trustees, are entitled to compensation for their efforts. But how much? The lawyers for the trustees (or for the estate) are entitled to payment. But how much? What if the same person acts as trustee and lawyer? How are they compensated? The ultimate decision is […]

Who Gets The Dog?

May 23, 2024 By Brian Babcock  Many of us love our pets. But in law, they are possessions like any other personal property. In the case of family breakdown, or the death of a partner or spouse, ownership was the determination of who gets the pet. THE ISSUE Sometimes ownership is not clear or was […]