Termination of Trusts
March 27, 2025 By Mark Mikulasik How does a trust come to an end? There are several possible ways: The settlor may retain an express power to revoke the trust, but absent that the settlor cannot reclaim any of the trust property. A power of revocation must be clearly and expressly reserved at the time […]
Beware of Waiver By Conduct
March 25, 2025 By Brian Babcock We have written before about the dangers of accidentally waiving solicitor-client privilege. THE ISSUE This privilege is often considered almost absolute, but when does an exception arise? THE CASE In Khani v. Araghi, a dispute over whether or not a separation agreement was binding, the Ontario Court of Appeal […]
If You Die Without A Will
March 20, 2025 By Mark Mikulasik Having a will is one of the most important steps you can take to ensure that your wishes are carried out after your death. However, many Ontarians die without a will in place. Dying without a will in Ontario can create unnecessary stress and financial burden for your loved […]
Mediation or Litigation in Ontario: Pros and Cons
March 18, 2025 By Brian Babcock Resolving legal disputes can be a challenging and stressful process, but there are several options available in Ontario to help parties navigate their conflicts. Two of the most popular methods are mediation and litigation. Both have their own advantages and disadvantages, and understanding these can help you choose the […]
What Is A Norwich Order?
March 13, 2025 By Jonathon Clark A Norwich order is a form of pre-action discovery or preservation order that can be obtained in Ontario by application in the Superior Court. It differs from other pre-action orders in that aimed at persons other than the proposed defendant- though the respondent must have some connection to the […]
Digital Defamation in Ontario
March 11, 2025 By Brian Babcock In today’s world, a single tweet, post, or comment can spread like wildfire, reaching thousands—if not millions—in seconds. While the internet has arguably improved instant communication, it has also increased the risk of defamatory statements causing significant harm to individuals and businesses. In Ontario, the legal framework for addressing […]
Two Thumbs Up For Contracts
March 6, 2025 By Mark Mikulasik A while back, we wrote an article about a Saskatchewan case that interested us even though we are in Ontario. In Achter Land & Cattle Ltd. v South West Terminal Ltd., a judge of the King’s Bench (equivalent to the Superior Court in Ontario) ruled that a reply to […]
Slip and Fall or Automobile Accident?
March 4, 2025 By Brian Babcock A person slips and falls in an icy parking lot while holding their key fob and reaching out to open their car door. They are not touching the car when they fall. The fall is caused by the ice, not by the car. THE ISSUE Is this a slip […]
Commercial Landlords May Not Have To Mitigate
February 28, 2025 By Mark Mikulasik If a commercial tenant repudiates the lease, that is, says they no longer intend to perform their side of the bargain the landlord has two options: they may immediately terminate the lease by following the procedures in the law, or they may refuse to accept the repudiation and treat […]
Legal Risks of Your Home Renovation Project
February 25, 2025 By Nick Melchiorre Whether you are do-it-yourselfer or hire a contractor, home renovations, like anything else in life, attract some specific legal concerns. DEALING WITH CONTRACTORS Is your contractor a licensed business? Though licensing does not guarantee reliability, it is a minimum expectation of a legitimate business. An unlicensed contractor – someone […]