Weilers LLP

Can a Verbal Agreement Sell Real Estate in Ontario?

October 14, 2025 By Nick Melchiorre  Real estate transactions are among the most significant legal dealings most people will enter into in their lifetime. In Ontario, these transactions are governed by a combination of common law principles and statutory requirements. One common question that arises is: can a verbal agreement to buy or sell real […]

Does Your Insurance Cover Flood Damage?

October 7, 2025 By Jonathon Clark  Until recently, most insurance for homeowners and small businesses in Ontario did not cover damage from floods. This was because most policies contained exclusions stating that overland water damage was not covered. With climate change there has been increased demand for insurance to cover flood risks and the insurance […]

Picking a Location for an Action

September 30, 2025 By Jonathon Clark  In Ontario, a plaintiff in a Superior Court action has the presumed right to decide where that action will be located and tried if necessary. THE ISSUE What happens if the defendant disagrees with the plaintiff’s choice? THE RULES The defendant has an opportunity to bring a motion under […]

Claims For Injuries In Family Law

September 23, 2025 By Robert Schroeder  Unfortunately, domestic violence is all too common. Until recently, if a spouse wanted to pursue damages for physical injuries or emotional distress, they had to start a lawsuit separate and apart from the lawsuit over the family issues. This discouraged many people from pursuing their rights. Recently, the Ontario […]

Recent Developments on the Duty of Honest Performance in Ontario Contracts

September 16, 2025 By Mark Mikulasik The Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew fundamentally changed Canadian contract law by introducing the duty of honest performance—a general duty requiring parties to act honestly in the performance of contractual obligations. Since then, Ontario courts have steadily developed and applied this principle in a […]

How to Select an Arbitrator for a Commercial Dispute in Ontario

September 9, 2025 By Brian Babcock When a commercial dispute arises in Ontario, arbitration can offer a faster, more confidential, and more flexible alternative to litigation. However, the success of arbitration often hinges on one critical decision: selecting the right arbitrator. Selecting an arbitrator is more than a box to check—it’s a strategic decision that […]

Adverse Possession is Hard to Get

September 2, 2025 By Nick Melchiorre  When almost all properties in Ontario were transitioned into the Land Titles system, we were told that claims for adverse possession would gradually vanish. The Land Titles system guarantees that the paper title is the real title (subject to a few exceptions) and bans title by adverse possession. This […]

Beware the Agreement to Agree

August 26, 2025 By Nick Melchiorre  Agreement as to essential terms is central to the existence of a contract. Without this there is no contract. It is trite law that an “agreement to agree” is not an agreement and cannot create a contract. This is illustrated by a couple of recent Ontario  Court of Appeal […]

What Happens if a Buyer Missed the Closing Date in Ontario?

August 19, 2025 By Nick Melchiorre  In Ontario real estate transactions, the closing date is one of the most critical aspects of any property sale or purchase. It marks the final stage of the deal, when the buyer is expected to pay the purchase price and the seller transfers ownership of the property. But what […]

The Cost Consequences of Refusing to Settle

August 14, 2025 By Jonathon Clark  Litigation is expensive, time-consuming, and emotionally draining. That’s why Ontario courts strongly encourage parties to settle disputes before trial. But what happens if one party unreasonably refuses a fair settlement offer? The answer: they may pay for it—literally. In Ontario, courts have the discretion to impose cost consequences on […]