A Perfect Night for a “Flight” in Support of Local Businesses
Jacob Thompson had the pleasure of presenting the award for Business Excellence – Medium to Jones Insurance at this year’s Thunder Bay Chamber of Commerce Business Excellence Awards, which celebrated the hard work, integrity and ingenuity of the local business community on May 2, 2024. Weiler Maloney Nelson LLP is proud to be a long […]
Proof Is Far From Standard
May 2, 2024 By Brian Babcock You probably know the phrase “beyond a reasonable doubt”. This criminal standard of proof receives frequent attention in the media. But there is a difference between the criminal standard of proof, which is very strict, and the civil standard of “balance of probabilities”, which is less tough to meet. […]
Meet Our Newest Associate Lawyer, Alyvia Cotter
Alyvia, pronounced the same way as “Olivia,” but with an “A.” Alyvia joined Weilers in 2023 as an articling student and became an associate lawyer with the firm following her Call to the Bar of Ontario in 2024. Alyvia graduated from the University of British Columbia, obtaining her Master of Laws degree. Prior to this, […]
Subjective Intention Doesn’t Matter
April 30, 2024 By Jonathon Clark That eye-catching headline is a bit misleading. In criminal litigation, subjective intention – whether the accused meant to commit the offence- might be important (though not always). In civil litigation involving contracts, which is one of our areas of practice, there is a key difference between “subjective “ intention […]
What Is A “Matter OF Public Interest”?
April 25, 2024 By Brian Babcock We have written before explaining anti-SLAPP motions in Ontario. THE ISSUE The test for a defendant to have a SLAPP action dismissed against requires them to prove that their statement under attack arises from a “matter of public interest”. The courts continue to refine our understanding of this requirement. […]
A Contract On A Napkin?
April 23, 2024 By Nick Melchiorre “An oral contract is worth the paper it is written on” is an old saying. Not quite accurate, but it does illustrate the difficulty convincing a judge that a binding deal was reached if it not out in writing. We have written before about the importance of getting it […]
COVID and Constructive Dismissal
April 18, 2024 By Brian Babcock Cases related to loss of employment due to COVID shutdowns continue to work their way through the system. Employers generally do not have a right to layoff employees but some employers saw it differently during the COVID shutdowns. THE ISSUE There may be a “COVID bump” increasing damages in […]
Beware The “Use” Clause In Your Lease
April 16, 2024 By Mark Mikulasik Commercial leases typically contain a clause which restricts the type of use that the tenant can have in the leased property. If the use designated is too narrow, this can come back to bite the tenant. The use clause in Metro 1 Development Corp. Ltd. v. Michael Garron Hospital […]
Doing Repair and Storage Liens Right
April 11, 2024 By Nick Melchiorre The law of possessory liens in Ontario is governed by the Repair and Storage Liens Act. This law attempts to balance the rights of owners and creditors. THE ISSUE It is a complex act and relying on self-help remedies or not doing the paperwork properly, may lead to costly […]
High Conflict Estates Cost A Lot
April 9, 2024 By Jonathon Clark An estate trustee has a right to be indemnified for its proper costs and expenses. An estate trustee may be removed pending the passing of accounts, but they are entitled to have a holdback set aside to cover their costs of passing accounts. The passing of accounts is the […]