Nominal Damages are Not a Win
December 23, 2025 By Jonathon Clark Nominal Damages are awarded when the Plaintiff proves that they suffered a wrong but cannot prove that they suffered a loss as a result of the wrong. They are said to Illustrate the “where there is a right there is a remedy” theme. Or do they? Examples where nominal […]
The Latest on Termination Clauses
December 16, 2025 By Brian Babcock We have written several articles on the tendency of Ontario courts to favour employees in wrongful dismissal claims. THE ISSUE In particular, courts have seldom upheld clauses in employment contract that attempt to limit payments available to the employee upon dismissal. One of these is Dufault v. Township of […]
When are Damages Assessed?
December 9, 2025 By Nick Melchiorre We have written about the measure of damages in a breach of contract case, in particular where a real estate deal fails to close. It is clear that the normal measure of damages for a failed real estate purchase is the difference between the contract price and the market […]
Adjournment and the Duty to Accommodate
December 2, 2025 By Brian Babcock The decision whether or not to adjourn a hearing before a court or tribunal is discretionary. This does not mean that there are no limits on how that discretion is exercised. If the judge or adjudicator fails to follow established principles, a new hearing may be ordered. The duty […]
Why Do We Call it ‘Estate Planning”?
November 25, 2025 By Mark Mikulasik Why do we like to use the term “estate planning” rather than simply “wills”? Because there is more to your estate plan than just preparing a will. Other things you need to consider include: Do you need to establish trusts while you are alive? Do you have up to […]
Changing Attitudes and Changing Law
November 18, 2025 By Brian Babcock Will your homeowners insurance pay you for a loss to your property if you grow marijuana at home? Whether this specific risk may apply to you or not, it is a question which has popped up in the courts and usefully illustrates some risks to your coverage. THE CASES […]
Appointing A Corporate Inspector
November 11, 2025 By Jonathon Clark We have written a series of articles on the oppression remedy as a flexible and dynamic remedy for closely held Ontario corporations. The oppression remedy responds well in many cases where the controlling party behaves badly. In order to obtain an oppression remedy, you must prove that the conduct […]
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 […]