Intrusion Upon Seclusion Must Be Highly Offensive
December 19, 2024 By Brian Babcock The tort of intrusion upon seclusion has been recognized in Ontario since 2012. The three-step test introduced then: The defendant’s conduct must be intentional, including recklessness; The defendant must have invaded, without lawful justification, the plaintiff’s private affairs or concerns; and A reasonable person would regard the invasion as […]
Can A Seller Get Specific Performance?
December 17, 2024 By Nick Melchiorre When we write or talk about specific performance (the action to obtain a judgment enforcing a contract of sale) we typically are talking about buyers who want to obtain a property they consider to be unique. Specific performance is usually only available when money damages would not be an […]
10 Things To Know About Specific Performance
December 10, 2024 By Nick Melchiorre 10 THINGS TO KNOW ABOUT SPECIFIC PERFORMANCE Specific performance is an equitable remedy designed to enforce contractual bargains by requiring a defaulting party to keep up their side of the bargain. It is most frequently thought of in relation to real estate deals that fail to close. Being an […]
What Time Limit Applies?
November 28, 2024 By Jonathon Clark We have written several articles on the dangers of “sleeping on your rights” and missing a limitation period- the time limit set by law to sue. THE ISSUE In order to protect yourself, you need to know what time limit applies. The standard and most common limit is under […]
What is Equity?
November 12, 2024 By Brian Babcock We have posted several articles that refer to “equity” or its cousins, such as “equitable principles” or “equitable remedies”. We have tried to give short explanations, but some readers may want the full story. If so, read on. Equity has its roots as a corrective for harsh or unfair […]
So, You Want A Permanent Injunction
October 31, 2024 By Jonathon Clark We have written before about the test for an “interlocutory injunction”, or an injunction pending trial or other final determination of a dispute. But what if you are seeking a “permanent injunction”, one which continues after the dispute is finally ended, indefinitely into the future? At that point, the […]
Injunctions: Frequently Asked Questions
October 29, 2024 By Brian Babcock What is an injunction? An injunction is a court order which instructs someone (a natural or legal person) to do something, or NOT to do something. What court do a go to? In Ontario, you bring a proceeding in Superior Court. Do I need a lawyer? In theory, you […]
Anti-SLAPP Motions: Weighing The Public Interest
October 17, 2024 By Brian Babcock An “Anti-SLAPP motion” is a motion by a defendant, usually in a defamation case, to have the action dismissed at its beginning, because public discussion of matters of public interest is important. Because of this, on Anti- SLAPP motions, emphasis is often placed upon whether statement under attack is […]
10 Ways To Save Waste Money On Your Lawsuit
October 3, 2024 By Brian Babcock Don’t tell your lawyer the truth. Don’t tell your lawyer the whole story up front. Don’t organize your documents before you bring them to your lawyer. Don’t bring all of the documents at one time. Don’t pay attention to the broad definition of documents on production- leave out electronic […]
The Best Defence…
October 1, 2024 By Jonathon Clark The best defence may not always be a good offence, but it should tell a good story. So far our posts about story telling have focused on the Plaintiff side and the Statement of Claim. Now, we look at the Statement of Defence. It is much harder to tell […]