At Any Time, Judges Favour Employees
July 9, 2024 By Brian Babcock Judges seem to really dislike termination clauses, even in Thunder Bay and Northwestern Ontario. THE ISSUE We have written before about clauses in employment contracts which attempt to limit the amount of payment in lieu of notice of dismissal. They will very rarely be enforced. How rarely? THE CASE […]
Let Us Tell Your Story
July 4, 2024 By Brian Babcock “The purpose of the trial is to build a good factual record for the appeal.” So said a local judge at a long ago continuing professional development course (the quote is approximate). His point was that novel arguments of law seldom work well in front of a trial judge […]
Jurisdiction and Human Rights: An Ontario Update
July 2, 2024 By Brian Babcock We have posted two articles about how the Horrocks case at the Supreme Court of Canada decided that in Manitoba, grievance arbitrators had sole jurisdiction over human rights complaints in a union environment, displacing the human rights tribunals. In the second article, we discussed how an Ontario tribunal had […]
Damages For Breach Of Contract
June 27, 2024 By Nick Melchiorre What happens if a real estate deal falls apart because the seller refuses to close? The prospective buyer may be entitled to damages for the loss of their bargain. THE ISSUE How are these damages measured? THE CASE The Ontario Court of Appeal reviews the principles of damages for […]
Is Your Not-For-Profit Corporation Compliant?
June 25, 2024 By Kyle Costa Are you a director or officer of an Ontario incorporated not-for-profit corporation? If so, are you aware of important changes happening later this year? Ontario’s Not-for-Profit Corporations Act, 2010 (commonly referred to as the “ONCA”) came into force on October 19, 2021, and its provisions apply automatically to all corporations without […]
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 – […]