What Is An Equitable Mortgage?
January 25, 2024 By Mark Mikulasik An equitable mortgage differs from a legal mortgage but has somewhat similar effects. As the Ontario Court of Appeal states, an equitable mortgage is “meant to enforce ‘a common intention of the mortgagor and mortgagee to secure property for either a past debt or future advances, where that common […]
An Oppression Remedy Is An Equitable Remedy
January 23, 2024 By Jonathon Clark The terms of an employment contract will not override the reasonable expectations of a substantial shareholder under the oppression remedy. THE CASE The Plaintiff in Pereira v. TYLT Technologies Inc. (TYLTGO) was a co-founder of the corporation’s business. Though he and his co-shareholder had agreed to sell the business […]
Appealing With Leave
January 18, 2024 By Mark Mikulasik An order of the Ontario Land Tribunal may be appealed to Divisional Court, on a question of law only, and only with leave of the court. THE ISSUES 2541005 Ontario Ltd. v. Oro-Medonte (Township), et al., looks at two important issues: When is it premature to seek leave? What […]
Love’s Labour Lost
January 16, 2024 By Nick Melchiorre Take care when blending personal relationships with business. That is the moral of the story in Gojkovich v Buhbli Organics Inc.,, an oppression remedy case between two former lovers. THE ISSUE The applicant started a small business which she expanded during their relationship largely due to the expertise of […]
Interpreting Rights of First Refusal
January 11, 2024 By Brian Babcock A right of first refusal (ROFR) may be a valuable aspect of a business agreement. No wonder that there are often disputes about the meaning of the rights, or their enforceability. THE CASE Some of the principles are reviewed by an Ontario Superior court judge in McMullen v. Dilawri […]
Sealing Orders, Removing Lawyers, and Privilege
January 9, 2024 By Brian Babcock If you are involved in a corporate dispute, such as a fight between shareholders, consider a sealing order to protect sensitive corporate information. THE ISSUE As we have written before, the general principle is that court proceedings, including filings, ought to be public and available for review. THE CASE […]
What Is A “Stay”?
January 4, 2024 By Brian Babcock It is a classic Jackson Browne song of course, but a “stay” in court terminology is an order of a court directing that a prior court order not be enforced until some later time, usually the conclusion of an appeal. Stays may also be available where there is not […]
What To Do If You Are Sued
January 2, 2024 By Jonathon Clark If you are served with a statement of claim (or in Small Claims Court, a claim), the first thing to do, even before you call a lawyer, is consider whether you might have insurance. A call to your agent or broker is always a good idea. Insurance will usually […]
Buyer Beware: Insurance Coverage and Misrepresentation
December 28, 2023 By Brian Babcock Did you know that even an innocent misrepresentation on an application for insurance can result in a denial of coverage? The result of non-disclosure or misrepresentation may be that the coverage is void. No one buys insurance hoping that will happen. One of the fundamental principles of insurance is […]
Suing Tribunals
December 26, 2023 By Brian Babcock THE ISSUE In most situations, it is impossible to sue the tribunal, its members, or the Crown. If you are dissatisfied with a decision of an administrative tribunal, you should determine your rights to appeal, or obtain judicial review. THE CASE This is illustrated by the decision of the […]