Punitive damages: Bigger is not Always Better
August 11, 2023 By Jonathon Clark We have written before about Punitive Damages. How much are they worth? In Canada, punitive damages are paid to Plaintiffs where the wrongdoer, in addition to causing actual (compensatory) damages, carried on in a way that was callous, highhanded, malicious or vindictive. They are further limited by the requirement […]
Excluding Witnesses
August 8, 2023 By Brian Babcock Ontario’s Rules of Civil Procedure provide for an order excluding witnesses who have not yet testified at trial. This order is made automatically at the request of any party. The purpose of the rule is to ensure that later witnesses do not tailor their evidence to match that of […]
Municipal Bylaws and Injunctions: a Brief Update
August 4, 2023 By Mark Mikulasik We have written before about the advantages that municipalities have in enforcing bylaws through injunctions. Superior Court judges have relaxed the test to grant an injunction in a number of cases, but they have not gone about it in exactly the same way. THE ISSUE The source for consistency […]
The Duty to Report a Claim
August 2, 2023 By Jonathon Clark If you or your business has a potential claim under your insurance policy, you are required to notify your insurer as soon as possible. This is seldom a problem for property insurance claims since you would want to notify the insurer so that they can investigate and write you […]
Too Much to Ask Revisited
July 24, 2023 By Brian Babcock THE ISSUE There is a reason why most of our case comment articles feature cases from the Ontario Court of Appeal or even the Supreme Court of Canada. Decisions of the Superior Court of Justice, as much as they can be interesting and informative, are subject to being overturned […]
Do Employers Have a Right to Layoff Employees?
July 21, 2023 By Brian Babcock Can an Ontario employer lay off a nonunionized employee? In most situations, the answer is “no.” THE ISSUE For the employer to be able to lay off the worker without risk of the worker claiming that they have been dismissed, the employment contract or agreement must contain an express […]
Estate Trustees and the Explosion of Litigation
July 4, 2023 By Jonathon Clark In a recent article, we focused on how terminology can confuse even sophisticated people as to the difference between various sorts of trustees. That article emphasized the importance of understanding your role. THE ISSUE But should you agree to act? THE CASE If you are named as an estate […]
Transitioning from Small Claims Court to Superior Court
June 29, 2023 By Brian Babcock You start a law suit in Small Claims Court for damages under $35,000.00. THE ISSUE Later, you realize that: Damages are not an adequate remedy. You need perhaps an injunction, or specific performance, or rectification of a contract. These are equitable remedies not available in Small Claims Court. Or […]
Reasonable Notice and the Changing Substratum
June 26, 2023 By Brian Babcock The Ontario Court of appeal continues to favour employees when it comes to the interpretation of termination clauses in employment contracts. THE ISSUE The latest issue is the question of what happens when an employment contract is signed at the commencement of employment, but the termination occurs years later […]
When Do You Know That It Is Appropriate to Commence a Proceeding?
June 21, 2023 By Brian Babcock Ontario’s Limitations Act, 2002 incorporates the concept of discoverability. Although in most situations, you are presumed to have discovered your claim on the date of your injury or breach of contract, if you are unaware of the facts, the time limit to sue (usually two years) may be delayed. […]