Compensation & Reconciliation
January 31, 2021 By Brad Smith We await with interest the upcoming Supreme Court of Canada decision in Southwind v. Canada, an appeal from the Federal Court of Appeal argued in December 2020. Getting this right could be a strong step towards reconciliation. As described on the Supreme Court website: In an action initiated in 1991, […]
Trusts or Powers?
January 31, 2021 By Brian Babcock No, not a super hero story. We have discussed what a trust is, and compared it to various other relationships in earlier articles. A trustee always is given certain powers, whether by will, other document creating the trust, or under the Trustee Act. Common powers include the powers to invest, […]
Too Much to Ask
January 8, 2021 By Brian Babcock What happens when an arbitrator commits errors of law and a breach of natural justice which require a new hearing? Usually, a different arbitrator must be appointed. The principles of efficiency, cost-effectiveness and fairness to the parties must be balanced with the need to secure fair and equal treatment. Even […]
Rescission, Representations and Real Estate Deals
January 8, 2021 By Brian Babcock Where the actual size of the house is much smaller than represented, a real estate purchaser may have the agreement of purchase and sale declared to be void, and their deposit returned. The remedy of rescission of a contract may be obtained on the basis of misrepresentation where the seller […]
Unsettling Settlements
December 23, 2020 By Nick Melchiorre Careful drafting of your settlement agreements may avoid future grief, legal expense, uncertainty and delay. Poor drafting may even make your settlement vulnerable to being reopened. If it is a settlement you reach without lawyers, this is particularly problematic; but even if you have a lawyer, they need your participation […]
Who Cares about the Duty of Care?
December 23, 2020 By Mark Mikulasik You should, if you operate a business. If you want protection from business financial losses caused by shoddy products, you better have a contract. That is the message that the Supreme Court of Canada is sending in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. This case arises out of […]
Construction Lien Trusts
December 20, 2020 By Brian Babcock Payments for a construction project in Ontario are trust funds under the Construction Act (formerly the Construction Lien Act). Persons involved in a breach of trust may be ordered to personally pay the misdirected amounts. Hopefully, this will not be you, but one purpose of this article is to warn […]
Stereotypes Harm Us All
December 20, 2020 By Brian Babcock We seldom post articles about criminal law, but we wish to reproduce and bring to your attention the November 6, 2020 decision of the Supreme Curt of Canada in R. v. Slatter, which reads in full: We are all of the view that the appeal must be allowed, for the […]
FAQ: Am I going to win?
December 7, 2020 By Brian Babcock In lawsuits, this must be the single most frequently asked question. The only honest answer is “I don’t know.” As much as clients hate to hear it, nothing is certain when you go to court. Your lawyer can give you an educated opinion on what might happen, but there are […]
What is Reasonable Care?
November 30, 2020 By Brian Babcock A failure to meet Building Code standards may result in a municipality being responsible for damages suffered by a user of municipally occupied facilities. Trying to introduce a new theory on appeal does not help. A municipality may be an occupier of property under the terms of the Occupiers’ Liability […]