Fraud and Tracing Funds
December 5, 2023 By Brian Babcock If you are the unfortunate victim of fraud (and it can happen to anybody), you probably want to recover your loss. THE ISSUE Tracing the funds into the hands of someone other than the fraudster is often the only way to recover, as fraudsters often try to hide or […]
A Cautionary (But True) Tale
December 1, 2023 By Brian Babcock We have written before about the importance of “getting it in writing”. Did you know it even applies to families? THE ISSUE As long as things are friendly and going smoothly, no one thinks they need an agreement. But if things turn argumentative, a written agreement will help resolve […]
The Certificate of Pending Litigation and an Interest in Land
November 29, 2023 By Brian Babcock We have written before about the importance of certificates of pending litigation (CPL), and the process to discharge them. Because a certificate is usually obtained without notice, the defendant’s discharge motion is often the big fight. If the Plaintiff loses, not only might they not recover what they want, […]
Causation in Human Rights Cases
November 16, 2023 By Brian Babcock In law, we talk about “causation” as the relationship between a person’s actions and the results that follow. It is a complex legal concept and differs by area of law. The application of the concept in human rights complaints differs materially from the general notions of causation. Causation Generally […]
More Corporate Fun And Games
May 29, 2023 By Nick Melchiorre If you end up in a dispute with your fellow shareholders in a closely held private corporation, it pays to be well behaved. We looked at that previously in the context of seeking an oppression remedy. THE ISSUE But what about an injunction to compel your fellow shareholder to […]
Capital Punishment For A Breach Of Privilege?
May 26, 2023 By Brian Babcock Privilege is a serious matter, as we have explained before. ISSUE But what penalty should be imposed when one party intentionally and seriously violates the privilege of another? THE CASE In Continental Currency Exchange Canada Inc. v. Sprott, the Ontario Court of Appeal imposes a form of judicial capital […]
Taking Shareholder Agreements Seriously
May 19, 2023 By Jonathon Clark If you incorporate your privately held business, your lawyer will probably advise both you and the other shareholders to enter into a unanimous shareholder agreement. This usually includes a buy-sell provision. Typically, our clients file away these documents and forget them, until one day, they pulled it out and […]
Taking Trial Dates Seriously
May 19, 2023 By Brian Babcock Getting your pleadings right in a timely fashion is an important, if often neglected, part of managing your lawsuit. If you do not, you may lose your trial date or have your amendment rejected. THE ISSUE The Court of Appeal has provided us with a fresh example in a […]
Who Is More Innocent?
May 5, 2023 By Brian Babcock The moral high ground strikes again. THE ISSUE Though the phrase is seldom used explicitly in judgments, the centrality of this concept to equity is the silent explanation of the result of many civil cases. THE CASE This is once again demonstrated by Canadian Imperial Bank of Commerce v. […]
What is the “clean hands doctrine”?
May 5, 2023 By Nick Melchiorre You may have heard the expression “coming to court with clean hands”. Perhaps you have a vague idea what you think it may mean or you may have no idea. We are here to help your understanding because, like so much in law, a few simple words can have […]