Love’s Labour Lost
January 16, 2024 By Nick Melchiorre Take care when blending personal relationships with business. That is the moral of the story in Gojkovich v Buhbli Organics Inc.,, an oppression remedy case between two former lovers. THE ISSUE The applicant started a small business which she expanded during their relationship largely due to the expertise of […]
Interpreting Rights of First Refusal
January 11, 2024 By Brian Babcock A right of first refusal (ROFR) may be a valuable aspect of a business agreement. No wonder that there are often disputes about the meaning of the rights, or their enforceability. THE CASE Some of the principles are reviewed by an Ontario Superior court judge in McMullen v. Dilawri […]
Oppression Remedies, Equity and Arbitration
November 3, 2023 By Brian Babcock Courts continue to defer jurisdiction to arbitrators where parties have agreed to arbitrate. THE ISSUE How far will a court defer where the dispute contains issues beyond claims of breach of contract? THE CASE A recent example at the Superior Court level is Spasiw et al. v. Quality Green […]
Thumbs up for Contracts
October 30, 2023 By Mark Mikulasik A contract requires an offer and acceptance. It also requires consideration, but we already explained that concept. “Offer and acceptance” is one of those topics that law school courses drill into first-year student’s brains, with all the strange variations we seldom deal with in practice. The question, however, can […]
Making Sure you Have a Contract
September 22, 2023 By Mark Mikulasik In order for there to be a contract, there must be a “meeting of the minds”. Sometimes, this is evidenced by a written and signed agreement. But what if the “agreement” is said to have been verbal, but one party claims that they accurately reduced it to writing? This […]
Joint Tenancy Debt
September 25, 2023 By Mark Mikulasik THE ISSUES You are owed money by someone who owns a home in joint tenancy- how much can you collect from the sale of the home? Or, on the other side, your spouse is a joint tenant with you and cannot pay their debts. Can their creditors seize your […]
How Courts Interpret a Contract
September 15, 2023 By Jonathon Clark Breach of contract cases are common in Ontario courts. Trials are about finding facts from evidence, and the great secret of judging is that applying the law is, then, usually easy. THE ISSUE In a breach of contract case, one of the key factual disputes is usually over what […]
Duties of Good Faith Versus Fiduciary Duties
September 5, 2023 By Brian Babcock We have previously discussed the meaning of “fiduciary” and the duties that a fiduciary may owe to the beneficiary of that duty. A fiduciary duty comes with several responsibilities, which may vary depending on the relationship. Because the law of fiduciary duties is still evolving, no single comprehensive list […]
Why Keeping Corporate Records Up To Date Is Good Business
August 21, 2023 By Mark Mikulasik If you control a small to medium-sized closely held private corporation and keep your corporate records up to date through annual minutes, declaration of dividends, waiver of audit requirements, and all required special resolutions, congratulations. THE ISSUE Unfortunately, at Weilers LLP, we are often retained by corporate clients to […]
It is Your Contract: Arbitration Clauses and Appeal Rights
August 14, 2023 By Nick Melchiorre Arbitration agreements are often overlooked in the drafting and negotiation of contracts. Sure, the agreement may contain an arbitration clause, but frequently, they are added by the lawyers and given little, if any, scrutiny by the parties. THE ISSUE As with any provision in your commercial contract, the arbitration […]