Show Some Consideration
[vc_row][vc_column][vc_column_text]March 27, 2015 By Brian Babcock Maybe you have read, or even signed, a document which included the magic words “In consideration of…” and wondered why that phrase appears. You should never sign a legal document if you do not understand the terms, so the first tip in this article: never be afraid to ask questions before signing contracts, […]
Is A Termination Without Cause Always Unjust? No, Says The Federal Court Of Appeal
[vc_row][vc_column][vc_column_text]March 16, 2015 By Brad Smith In Wilson v. AECL an employee was terminated without cause and provided with 6 months severance pay. The employee complained under the Canada Labour Code alleging his termination was unjust. He argued a termination without cause is always unjust under the Canada Labour Code. Prior to Wilson v. AECL there was debate whether a […]
Wind Farm Wars
[vc_row][vc_column][vc_column_text]March 9, 2015 By Mark Mikulasik The approval and review process for wind farm projects was recently considered and approved by the Divisional Court in the case of Dixon v. Director, Ministry of the Environment. Under the Environmental Protection Act, the Director may issue a Renewable Energy Approval (“REA”). Any Ontario resident may then require that the […]
It’s About Clients
[vc_row][vc_column][vc_column_text]February 26, 2015 By Brian Babcock Lawyers are not special because we are lawyers. We are special because of our commitment to our clients. The Supreme Court of Canada repeated this in their recent decision exempting lawyers from many of the provisions in Canada’s money laundering regulations which might allow the government to peek behind the veil of […]
The Risks Of Terminating An Employee Without Cause
[vc_row][vc_column][vc_column_text]February 4, 2015 By Brad Smith A decision of the Ontario Superior Court of Justice shows the risk of terminating an employee without cause. In Partridge v. Botony the employee was hired as a dental hygienist but promoted to the position of office manager. The employee was the office manager when she went on maternity leave. Prior to […]
Unjust Enrichment: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]January 27, 2015 By Brian Babcock 1. What is Unjust Enrichment? It is the principle which organizes the law of restitution. It is used to strip gains from a wrong-doer (even an innocent one) and compensate the person who suffered from the wrong doing, in situations that do not fit other rules of law. 2. When […]
Straight Talk About Estate Planning – Honesty And Your Lawyer
[vc_row][vc_column][vc_column_text]January 20, 2015 By Fhara Pottinger One of my greatest challenges as a lawyer is ensuring that my client has told me everything that I need to know. My clients are generally not holding back out of malice or some intention to deceive me but rather a desire not to “waste my time”, to keep their […]
Show Me The Money
[vc_row][vc_column][vc_column_text]January 8, 2015 By Mark Mikulasik Christmas bills are coming due and heating costs are rising. Your creditors expect to get paid, so if somebody owes you money, chances are you would like to collect it. The first step is to get a court order or judgment in your favour. If the amount is less than […]
Preparing Financially For Separation
[vc_row][vc_column][vc_column_text]December 29, 2014 By Martha Petryshyn Do you think your relationship is coming to an end? Do you know what to do to ensure that your life after separation and divorce at least approximates the lifestyle you enjoy while with your spouse? Many people focus on the social side of separation and divorce, and while this […]
Watch That Slip And Fall!
[vc_row][vc_column][vc_column_text]December 16, 2014 By Brian Babcock Better still, do something to prevent slip and fall injuries. With snow and cooler temperatures returning to Thunder Bay after a mild spell, the risk of a fall is high. A simple slip on ice can cause devastating injuries to anybody, but especially to our aging population. Human decency suggests […]