Constructive Dismissal and Bonus Payments
November 30, 2020 By Brian Babcock A senior executive who is constructively dismissed is entitled to a bonus he would have earned during a period of reasonable notice, the Supreme Court of Canada has confirmed. Other portions of their ruling may also increase payments to departing employees. Some issues are left open for future cases, increasing […]
When is a Lawsuit an Appropriate Means to Resolve a Wrongful Dismissal Claim?
November 23, 2020 By Brian Babcock Generally, in Ontario, a person suffering a loss must sue within two years of suffering the loss. There are, however, circumstances that extend this time limit. Discoverability is at the heart of calculating the time limit to sue in Ontario. It simply is common sense that you cannot be expected […]
Reasonably Contemplating Remoteness of Damages
November 23, 2020 By Brian Babcock The basic rule of contract damages is that the type of loss must be “reasonably contemplated” by the parties at the time they entered into the contract. Otherwise, we say that they are “too remote”. A defendant’s potential exposure cannot be unlimited. The courts have struggled to define what “reasonably […]
Common Sense and Litigation
November 10, 2020 By Brian Babcock A little common sense can go a long way in litigation. The cost and delay in lawsuits can be significantly reduced when parties and their lawyers do the smart thing. A recent Ontario superior Court case is just one of many examples. In 1479021 Ontario Inc. v. Hawkesbury (Town), the […]
Excitement About Easements
November 10, 2020 By Brian Babcock The power to expropriate does not change the test that applies when a municipality or other public authority claims that they have acquired a prescriptive easement (better known as title by adverse possession). Although the courts have been reluctant to recognize claims of adverse possession by private parties, they appear […]
The Cost of Public Interest Litigation
October 26, 2020 By Brian Babcock Determining that a proceeding is “public interest litigation” may have significant costs consequences. This is because courts recognize that access to justice has greater importance in public interest litigation than in disputes between private parties. “Public interest” does not mean that the parties are always public bodies. Private citizens may […]
Damages 101
October 26, 2020 By Brian Babcock The objective of calculating damages for a breach of contract seems simple – the injured party, or plaintiff, is supposed to be placed, so far as money can do it, in the same position they would have been in if the contract had been performed. This is sometimes called the […]
Nipigon Office Open
Did you know that Weilers LLP has a satellite office in Nipigon? A lawyer is available to meet with you in our Nipigon office on specific Wednesdays each month. If you would like to meet with a Weilers lawyer in Nipigon, please call 807-623-1111 to confirm which weeks our lawyer will be in the office […]
Racial Slurs May be Grounds to Terminate
October 16, 2020 By Brian Babcock Racial slurs have no place in the workplace, and may be grounds to terminate for cause. A recent arbitration award, Levi Strauss & Co. v Workers United Canada Council, 2020 CanLII 44271 begins by noting that at one time, verbal clashes between coworkers, even ones involving racial insults were not […]
Trusts vs Agency
October 16, 2020 By Brian Babcock Trusts and agency are both legal concepts about relationships. Perhaps because of this commonality, people often confuse the two. They are quite different and recognizing which relationship exists in a particular situation may be crucial to understanding what your legal rights and responsibilities might be. There are many differences. Some […]