Appeal and Arbitration
July 25, 2024 By Brian Babcock Most arbitrations in Ontario are governed by the Arbitration Act, 1991. Some are governed by the International Commercial Arbitrations Act, a topic for another day. THE ISSUE Are you aware of you’re appeal rights if you chose to arbitrate? We see many arbitration agreements where the parties did not […]
Vacation Pay: A Hidden Liability?
July 23, 2024 By Brian Babcock Do you pay out unused vacation pay at the end of each year? THE ISSUE If not, you may accrue a significant hidden liability over time. THE CASE For example, in Boyer v Callidus Corporation, the former vice-president of the company was unsuccessful in his claim for constructive dismissal. […]
Restrictive Covenants and Restraint of Trade
July 18, 2024 By Nick Melchiorre When is a restrictive covenant an unlawful restraint of trade? THE CASE The Ontario Court of Appeal takes a deep dive into the issue in 7868073 Canada Ltd. v. 1841978 Ontario Inc. and provides some guidance, but ultimately leaves the question open for another day. Why do they do […]
When the Story Changes
July 9, 2024 By Brian Babcock We have written before about how success in a lawsuit usually depends upon good story telling. Good story telling begins with good pleadings- the documents that start the lawsuit, set out the defence, or a reply by the Plaintiff. Pleadings help tell your story. THE ISSUE But what happens […]
Common Sense and the Duty of Good Faith in Real Estate Deals
July 11, 2024 By Mark Mikulasik Common sense and the duty of good faith in the performance of a contract may result in imperfect compliance with strict legal requirements being enforced in favour of the party performing in bad faith. THE ISSUE What happens when a real estate deal does not close on time but […]
At Any Time, Judges Favour Employees
July 9, 2024 By Brian Babcock Judges seem to really dislike termination clauses, even in Thunder Bay and Northwestern Ontario. THE ISSUE We have written before about clauses in employment contracts which attempt to limit the amount of payment in lieu of notice of dismissal. They will very rarely be enforced. How rarely? THE CASE […]
Let Us Tell Your Story
July 4, 2024 By Brian Babcock “The purpose of the trial is to build a good factual record for the appeal.” So said a local judge at a long ago continuing professional development course (the quote is approximate). His point was that novel arguments of law seldom work well in front of a trial judge […]
Jurisdiction and Human Rights: An Ontario Update
July 2, 2024 By Brian Babcock We have posted two articles about how the Horrocks case at the Supreme Court of Canada decided that in Manitoba, grievance arbitrators had sole jurisdiction over human rights complaints in a union environment, displacing the human rights tribunals. In the second article, we discussed how an Ontario tribunal had […]
Damages For Breach Of Contract
June 27, 2024 By Nick Melchiorre What happens if a real estate deal falls apart because the seller refuses to close? The prospective buyer may be entitled to damages for the loss of their bargain. THE ISSUE How are these damages measured? THE CASE The Ontario Court of Appeal reviews the principles of damages for […]
Is Your Not-For-Profit Corporation Compliant?
June 25, 2024 By Kyle Costa Are you a director or officer of an Ontario incorporated not-for-profit corporation? If so, are you aware of important changes happening later this year? Ontario’s Not-for-Profit Corporations Act, 2010 (commonly referred to as the “ONCA”) came into force on October 19, 2021, and its provisions apply automatically to all corporations without […]