Taylor Swift And A Dollar In Damages
August 15, 2017 By Brian Babcock Taylor Swift only sued for one dollar in damages in her counter-suit for assault against the former radio DJ who had sued her for allegedly ruining his career. Odds are you know the story. In most cases involving sexual assaults, the damages will be more than one dollar. In fact, […]
The Meaning And Effect Of Hiring An Employee On Probation
July 18, 2017 By Brad Smith There is a presumption that an indefinite employment contract can be terminated by providing the employee with reasonable notice. This includes short-term employees. This presumption is overcome if the parties agree to a period of probation. The Ontario Court of Appeal has clarified the meaning of a probationary employee and […]
Beware The Will-Kit Part II: Powers Of Attorney
June 15, 2017 In my first post, “Beware the Will-Kit: The Costly Consequences of a $9.99 Will“, I discussed the importance of a lawyer-made Will. The same principle applies, if not more so, to Powers of Attorney. Similar to Wills, there are very specific legislative requirements as to the proper execution of Powers of Attorney, and […]
What To Do When The Deal Goes Bad?
May 31, 2017 By Brian Babcock The purchase of a new home can be one of the most exciting times in anybody’s life. But what about when the deal fails to close? If you are the innocent seller, you likely will either simply forfeit the deposit as liquidated damages and carry on; or remarket the property, […]
What Is Mitigation?
May 4, 2017 By Brian Babcock Mitigation is a principle of the law of damages which limits the recovery by a Plaintiff. The core principle is that a Plaintiff cannot recover losses that can be avoided by taking reasonable steps. This levels the playing field out of a desire for fairness to defendants. A Plaintiff should […]
Life (Insurance) After Divorce
May 2, 2017 By Brad Smith The court decision of Moore v. Sweet has some harsh lessons for separating spouses and life insurance. Ms. Moore was married to Mr. Moore. After separation, Mr. Moore and Ms. Moore had an oral agreement he would designate Ms. Moore as the beneficiary of his life insurance policy. Ms. Moore agreed to […]
Beware The Will-Kit: The Costly Consequences Of A $9.99 Will
April 19, 2017 Why would you go to a lawyer to draft your Will, when you can create a “Do-It-Yourself” document at home for less than ten dollars? The simple answer is that the modest out-of-pocket expense now could save you and your Estate thousands of dollars in the long run. Beyond the financial consideration, […]
Tips About Tips
March 1, 2017 Picture working as a Server in a busy restaurant. You are dashing around, trying to ensure all your tables are happy. Without you noticing, one of your tables pulls the dreaded “dine and dash.” Who is left picking up the tab for this? In some cases in the past, it would have […]
Sweet Relief: Court Of Appeal Applies Relief From Forfeiture In Municipal Tax Sale Dispute
February 27, 2017 By Brian Babcock In a recent decision, Poplar Point First Nation Development Corporation v. Thunder Bay, the Ontario Court of Appeal clarified the law of “relief from forfeiture” and allowed a former property owner to recover surplus funds received by the City on a tax sale, even though the claimant had missed the one […]
A Child’s Withdrawal From Parental Control
February 14, 2017 By Brad Smith When can a child withdraw from parental control? How does the child do this? What is the role of the school, the police, the parents or the Court? All of these questions were answered by the Ontario Court of Appeal in R.G. v. K.G. A father interfered with the access between […]