Gift or Trust?
April 4, 2024 By Brian Babcock We have written before about resulting trusts, and the case of Pecore v Pecore which says that when you give a gift to an adult child, the presumption in law is that you are transferring only the legal title and that you are still the beneficial owner. THE ISSUE […]
If You Need To Sue
April 2, 2024 By Jonathon Clark We recently wrote an article about what to do if you are sued. But what about if you want to sue? Or more likely, need to sue. Very few people really want to sue. But if you are owed a debt; suffer a personal injury; lost your job; or […]
When Time Is Of The Essence
March 28, 2024 By Mark Mikulasik In our modern casual world, we seldom need to be precise about being on time. Thus, we develop bad habits. THE ISSUE But what about when “time is of the essence” under the terms of a contract? THE CASE In 3 Gill Homes Inc. v. 5009796 Ontario Inc. (Kassar […]
Preparing For Your Examination for Discovery
March 26, 2024 By Jonathon Clark Now that we know what an examination for discovery is, it is time to talk in greater detail about how the examination unfolds and provide you some guidance about how to behave at your discovery. This article is based on a standard memo we provide clients to help them […]
Judicial Review of Government Contracts
March 21, 2024 By Nick Melchiorre Judicial review is like an express lane towards a court decision – it is only available to review administrative decisions of governmental bodies. occasionally clogged by a twelve-car pileup, but more efficient than the typical Superior Court collector lane pace. Also like an express lane, it only works to […]
The Cost Of Settling Unreasonably
March 19, 2024 By Jonathon Clark A settlement agreement between parties to a lawsuit is a contract, and will be enforced by the court where the parties: had a mutual intention to create a legally binding contract; and reached agreement on all of the essential terms of the settlement. Where the agreement is in writing, […]
Does That Property Belong To Your Spouse?
March 14, 2024 By Brian Babcock A spouse may not pursue a claim that the other spouse has a beneficial interest in a property held for them. What does this mean? Assume a scenario where there is a married couple. One spouse, A, owns a property which is registered on title as being jointly owned […]
What Is An Examination for Discovery
March 12, 2024 By Jonathon Clark After pleadings are exchanged in a civil litigation action, the next step in the litigation is to schedule examinations for discovery. An Examination for Discovery is an oral examination under oath, which would be held with a Court Reporter present, at which time each lawyer involved has an opportunity […]
Is That Will Valid?
March 7, 2024 By Mark Mikulasik IS THAT WILL VALID? I am writing this in November, which is “Make A Will Month”, but not just to remind you that any time is a good time to make a will. If you don’t need another reason to do so how about this – without a will, […]
So, You Want To Be A Witness…
March 5, 2024 By Jonathon Clark No one really WANTS to be a witness, but sometimes we have no choice. Courts run on evidence, and evidence comes through witnesses, whether in an affidavit or in person. We have already written about the serious business of affidavits. Being a witness in person is different but just […]