Put Your Best Foot Forward
September 12, 2024 By Jonathon Clark If confronted by a motion for summary judgment, you must “put your best foot forward.” A motion for summary judgment is an alternative to having your lawsuit resolved through a trial. Prior to 2008, when the rule was amended, summary judgment was rarely available. Under the amendment to the […]
What Is Civil Litigation?
September 10, 2024 By Jonathon Clark Tell someone who asks, “what type of law do you practice?” that you practice civil litigation, and you expect a blank stare, or perhaps to be asked “what is that?” “Civil litigation” is lawyer speak, not common language that most of the public understands THE ELEVATOR PITCH VERSION? An […]
Arbitrations and Appeals of Preliminary Opinions
September 5, 2024 By Brian Babcock An arbitrator has jurisdiction under the Arbitrations Act, 1991 of Ontario to determine whether the arbitrator has jurisdiction as a preliminary matter. This principle is well established. Either party may apply to have the arbitrator’s decision reviewed by a Superior Court judge. The Act goes on to provide that […]
Pleadings Are Important Part Two: Fixing Pleadings
September 3, 2024 By Brian Babcock An earlier article explains why pleadings are important. What happens if you need to update or fix something in your pleading? In Ontario, the Rules of Civil Procedure provide rights to amend pleadings. The provision is very forgiving, stating that: On motion at any stage of an action the […]
Arbitrations and Appeals of Preliminary Opinions
August 27, 2024 By Brian Babcock An arbitrator has jurisdiction under the Arbitrations Act,1991 of Ontario to determine whether the arbitrator has jurisdiction as a preliminary matter. This principle is well established. Either party may apply to have the arbitrator’s decision reviewed by a Superior Court judge. The Act goes on to provide that an […]
When Are Directors Personally Liable?
August 27, 2024 By Brian Babcock The general rule is that directors and officers of a corporation cannot be sued for the wrongful acts of the corporation. This is a corollary to the principle that corporations have their own legal identity, as if they are persons. Except corporations cannot think like people can, so the […]
How To Read An Insurance Policy
August 22, 2024 By Brian Babcock If you have an insurance claim, it may be determined based upon the wording of your insurance policy. These are complex documents that are often hard to understand. THE BASICS Every word means something. Words are given their plain meaning, unless they are a defined term. Words are read […]
Interference With A Right Of Way
August 20, 2024 By Nick Melchiorre What would you do if your neighbour put a gate across your shared driveway? THE ISSUE In an earlier article about easements, we mentioned that even a simple right of way for a shared driveway may cause problems. THE CASE This is illustrated in Nolet v. Granger, a recent […]
Don’t Be Denied Arbitration
August 15, 2024 By Brian Babcock Despite an agreement to arbitrate, the opposing party might start a court action. What do you do then if you want the dispute to go to arbitration? You apply for a stay of the court action. This is similar to a stay of enforcement of a court order, but […]
Contempt Of Court May Be Fatal To Your Case
August 13, 2024 By Jonathon Clark Penalties for contempt vary greatly, but it is extremely rare to see a “death penalty” where a case is dismissed. It is a central principle of our legal system that wherever possible, cases should be determined on their merits, not based on procedural considerations. ISSUE Something as simple as […]