The Risks of Relying on Oral Agreements Revisited
February 17, 2026 By Mark Mikulasik We have written previously about the importance of “getting it in writing”. Although oral agreements may create enforceable contracts in Ontario, subject to certain exceptions mainly found in the Statute of Frauds, enforcing them depends upon proof of the requirements of a binding contract. In order for an oral […]
Do You Need Audited Financial Statements?
February 10, 2026 By Mark Mikulasik Chances are if you are the chief executive officer or principal owner of a business corporation, you know whether or not you need your financial statements to be audited. Probably, your lenders or investors will tell you the answer. THE ISSUE But what about if you are a minority […]
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. […]
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 […]
Beware the Agreement to Agree
August 26, 2025 By Nick Melchiorre Agreement as to essential terms is central to the existence of a contract. Without this there is no contract. It is trite law that an “agreement to agree” is not an agreement and cannot create a contract. This is illustrated by a couple of recent Ontario Court of Appeal […]
Incorporation 101
May 15, 2025 By Mark Mikulasik Business Law in Ontario: Incorporation and Corporate Governance Starting and running a business in Ontario can be a rewarding venture, but navigating the legal complexities involved is crucial for long-term success. Among the foundational aspects of establishing a business is deciding whether to incorporate. Incorporation and corporate governance can […]
Protecting Your Business Name in Ontario
April 15, 2025 By Mark Mikulasik Your business name is a critical asset—it represents your brand, reputation, and goodwill in the marketplace. In Ontario, protecting your business name involves more than just choosing a unique title; it requires legal steps to ensure that your name is safeguarded against misuse or infringement. Here’s what you need […]
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 […]
Lawsuits and the Correct Party to the Contract
February 13, 2025 By Mark Mikulasik It is important to know who you are doing business with. It is just as important to be clear which name you are doing business under. It is not unusual for several related corporations, partnerships or even individuals to bill themselves as “THE ABC GROUP”. This creates a risk […]