Two Thumbs Up: The Final Word?
November 4, 2025 By Mark Mikulasik This article is a brief update on our previous articles on two decisions from Saskatchewan – one at the King’s Bench, and then the appeal to the Court of Appeal. The facts briefly are that the parties discussed a grain purchase contract via email. The purchaser made an offer. […]
Whose House Is It?
October 28, 2025 By Brian Babcock We have written before about the presumption of resulting trust and how it applies in case of marriage breakdown. The bottom line is that one spouse may be the beneficial (or “true”) owner of an interest in property regardless of whose name the property is registered in (“legal title”). […]
How to Contest a Will in Ontario
October 21, 2025 By Jonathon Clark Disputes over a deceased person’s estate can be emotionally and legally complex. In Ontario, individuals may contest a will if they believe it does not reflect the true intentions of the testator (the person who made the will) or if certain legal requirements were not met. But not everyone […]
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 […]