Criminal & Civil Contempt and Intent
December 28, 2022 By Jonathon Clark We have written before about contempt of court, and its importance in maintaining respect for the administration of justice as well as to promote the enforcement of court orders. To refresh your memory, the elements of contempt are: the order alleged to have been breached “must state clearly and unequivocally […]
Hearsay Overheard
December 28, 2022 By Nick Melchiorre Does your voice carry? I know mine sure does. I am known for being the opposite a very quiet speaker. THE CASE In R. v. Schneider, the accused was charged with second degree murder after the victim’s body was recovered by police in a hidden suitcase following a tip from […]
The Law of Sleep
December 18, 2022 By Brian Babcock In Canada, and most of the world, laws influence everything that we do or are not supposed to do. Laws seem to be everywhere. You can Google “ the law of… [insert any word or phrase]” and be confident of getting many hits from serious to silly. THE ISSUE […]
Can You Get That Deposit Back? Part Three
December 18, 2022 By Brian Babcock We have written before about the question of when you can get your deposit back on a failed real estate transaction. New examples continue to come forward. THE ISSUE In many situations, financing a property will be difficult because the purchase price may exceed the appraised valuation upon which […]
Virtual Hearings Are Here To Stay
December 18, 2022 By Brian Babcock I hope that we can all agree that the pandemic was mostly terrible. However, there were some bright spots of change. THE ISSUE As we emerge from the pandemic, even if COVID joins the list of viruses to be avoided at less than pandemic levels, one of the questions […]
Sibling Rivalry in Estate Planning
December 11, 2022 By Fhara Pottinger This article is not about a specific case. Rather, it is about a disturbing trend in estate disputes and estate litigation that has been observed not only by our law firm, but by many law firms dealing in the field. THE ISSUE What we are seeing is a distressing […]
“P” is for Price
December 11, 2022 By Mark Mikulasik Lawyers are taught in their first year contracts course that one of the essential elements of any contract is an agreement as to price. Not everyone goes to law school, which is good. THE ISSUE But everybody needs to understand that without an agreement as to price, you have […]
Prohibition on the Purchase of Residential Property by Non-Canadians
December 6, 2022 By Brian Babcock If you are planning to transfer residential real estate to a non-Canadian, you should do so before December 31st, 2022. On January 1st, 2023, a new federal law – the Prohibition on the Purchase of Residential Property by Non-Canadians Act – comes into force. The wording of the Act […]
Fiction, Reality, Fraud and Privilege
December 3, 2022 By Brian Babcock Have you watched Better Call Saul or Breaking Bad? Do you recall Saul Goodman saying what Walt needed was “not a criminal lawyer but a criminal lawyer”? THE ISSUE What, you may ask, does that have to do with solicitor-client privilege? We have written before about the importance of […]
Discretionary Bonuses and Termination
November 28, 2022 By Brian Babcock THE ISSUE Are discretionary bonuses to terminated employees truly discretionary? THE CASE This was one of the two issues facing the Ontario Court of Appeal in the recent decision Bowen v. JC Clark Ltd., and is the issue that is more likely to affect most of our readers. This […]