Weilers LLP

Joint Tenancy Debt

September 25, 2023 By Mark Mikulasik THE ISSUES You are owed money by someone who owns a home in joint tenancy- how much can you collect from the sale of the home? Or, on the other side, your spouse is a joint tenant with you and cannot pay their debts. Can their creditors seize your […]

What is Contributory Negligence?

September 18, 2023 By Brian Babcock What happens when an injured person is partly at fault for their own injury? At one time, historically, any negligence by the injured party (the Plaintiff) and they were totally barred from suing. This was great news for people that left the sidewalks unmaintained or for careless drivers. A […]

How Courts Interpret a Contract

September 15, 2023 By Jonathon Clark Breach of contract cases are common in Ontario courts. Trials are about finding facts from evidence, and the great secret of judging is that applying the law is, then, usually easy. THE ISSUE In a breach of contract case, one of the key factual disputes is usually over what […]

Taking a Fair Approach to Termination

September 11, 2023 By Brian Babcock All good things must come to an end, including our jobs. Sometimes that happens because a fixed-term contract expires. Some employees retire. But some are terminated. In Ontario, if you are terminated without cause, you are entitled to compensation from your employer. The Employment Standards Act provides minimums. Common […]

Adverse Possession and Municipal Lands

September 8, 2023 By Mark Mikulasik THE ISSUE Is adverse possession available to extinguish the title of a municipality in favour of someone who claims adverse possession? The answer, says the Ontario Court of Appeal, is “sometimes”. BACKGROUND First, almost all land in Ontario, and especially in Thunder Bay and Northwestern Ontario, is in the […]

Duties of Good Faith Versus Fiduciary Duties

September 5, 2023 By Brian Babcock We have previously discussed the meaning of “fiduciary” and the duties that a fiduciary may owe to the beneficiary of that duty. A fiduciary duty comes with several responsibilities, which may vary depending on the relationship. Because the law of fiduciary duties is still evolving, no single comprehensive list […]

Towards Efficient Justice in Estate Disputes?

September 1, 2023 By Jonathon Clark Estate disputes triggered by sibling rivalry continue to clog up Ontario courts. THE CASE So much so that the Ontario Court of Appeal upheld a Superior Court decision where the judge departed from normal requirements that the outcome of a hearing has to be something the parties anticipated or […]

What Happens to Your Pets When You Die?

August 28, 2023 By Mark Mikulasik Many of us consider our pets to be part of the family. Ontario law considers them to be property. British Columbia is leading the way with proposed legislation that would treat pets more like family members in the event of a custody dispute. However, this does not appear to […]

Trial by Stopwatch

August 25, 2023 By Brian Babcock When considering the valuable lessons that the court system learned during COVID, the focus is usually on the advantages of video for motions, trials, or taking evidence from witnesses in distant locations. This is really about trial efficiency. Another important lesson has emerged about trial efficiency, that is, the […]

Why Keeping Corporate Records Up To Date Is Good Business

August 21, 2023 By Mark Mikulasik If you control a small to medium-sized closely held private corporation and keep your corporate records up to date through annual minutes, declaration of dividends, waiver of audit requirements, and all required special resolutions, congratulations. THE ISSUE Unfortunately, at Weilers LLP, we are often retained by corporate clients to […]