Retroactive Child Support
April 12, 2006 The hottest topic in family law right now is the issue of retroactive child support. The Supreme Court of Canada is currently reviewing the issue, after hearing argument in February of this year. The issue has been constantly before the courts of all provinces since implementation of the Federal Child Support Guidelines […]
Zoning By-laws And Non-conforming Land Use
March 28, 2006 This article describes how the case Watts v Benvenuti fits into the overall approach that courts take in wrestling with zoning conflicts. Making sense of the mess of the caselaw in this area leads to the conclusion that the results often reflect concerns about social and political issues inherent in the viewpoint […]
Zoning: Protection Of Established Uses
March 13, 2006 By Brian Babcock Zoning bylaws restrict the use of land to specified uses. Bylaws are updated or revised over time. These revisions usually reflect changes in the neighbourhood. Industrial zones become gentrified. Rural areas become bedroom communities. In Ontario, a new bylaw or revisions to an existing bylaw must include protection for what […]
Proving Liability In Slip And Fall Injury Made Easier
March 10, 2006 By Brian Babcock A recent case in the Ontario Court of Appeal has clarified what an injured person has to prove to show fault on the part of a parking lot owner or operator. In the case of Kamin v Kawartha Dairy, the injured Plaintiff slipped in the parking lot of the dairy. However, after […]
Error In Tender Amount Costs Contractor $434,000 – Court Says Bid Cannot Be Withdrawn
February 23, 2006 By Brian Babcock Ontario’s highest court recently ordered a construction contractor to pay $434,000 in damages for refusing to perform a contract after it made a $557,000 error in its tender bid. The court would not allow the contractor to withdraw the bid. To begin with, Construction Law 101: since a 1981 Supreme […]
Employment Insurance: Should The Employer Participate Or Not?
January 27, 2006 In a recent judgement, the Ontario Superior Court of Justice has applied the doctrine of issue estoppel to preclude an employer from defending a wrongful dismissal claim on the basis of just cause, where the employer raised the same defence in an Employment Insurance appeal, and lost. As a result of Korenberg v. […]
Social Host Liability Update
January 19, 2006 By Brian Babcock On January 18, 2006, the supreme court of Canada heard arguments in Childs v. Desormeaux , the Ontario Court of Appeal case featured in a recent web tip on Social Host Liability. It will likely be several months before a result is known, and then we will have new guidelines as to if […]
Business Interruption Insurance: Read The Fine Print
December 19, 2005 By Brian Babcock Business people buy insurance because disasters happen. One of the most troubling losses suffered after a fire or other damage to commercial premises is the interruption of the business. Revenue will be disrupted, while expenses will continue. For this reason, business interruption insurance is a key part of most commercial […]
Disabled Employees Are Entitled To Severance Payments
November 29, 2005 Until recently it has been standard practice in Ontario for employers not to pay Severance Pay when a disabled employee was terminated because his or her disability made it impossible to do the job. In a decision dated May 4, 2005 the Ontario Court of Appeal concluded that employers are now required […]
Must Both Spouses Be On The Title To Their Home?
October 21, 2005 By Paul Jasiura It is legally possible in Ontario to have the home put into one spouse’s name alone, even though they are married. Of course, the mortgage will be in one name alone in that case. The question then arises: will one spouse have the financial horsepower with the Bank to take […]