The Cost Consequences of Refusing to Settle
August 14, 2025 By Jonathon Clark Litigation is expensive, time-consuming, and emotionally draining. That’s why Ontario courts strongly encourage parties to settle disputes before trial. But what happens if one party unreasonably refuses a fair settlement offer? The answer: they may pay for it—literally. In Ontario, courts have the discretion to impose cost consequences on […]
Don’t Just Ignore a Lawsuit
August 7, 2025 By Jonathon Clark Getting sued is stressful—but ignoring a lawsuit can make things much, much worse. Whether you’ve been served with a claim in Small Claims Court or the Superior Court of Justice, Ontario law sets out strict timelines and procedures. If you don’t respond, the other party can move ahead without […]
Do You Have a Right to an Adjournment?
July 22, 2025 By Brian Babcock If you are involved in a lawsuit in Ontario, you may find that through no fault of your own, you are unable to proceed on the date set for the case. What happens? You, or your lawyer, must request an adjournment. Note that the key word here is request. […]
Damages and the Innocent Plaintiff
July 17, 2025 By Jonathon Clark What damages can you recover if a supposed friend wrongfully retains something you gave them for safekeeping and strips it of parts before you can recover it? THE ISSUE As a general rule, a court will award you the lesser of the cost of repair or the fair market […]
Remote Hearings in Ontario: Here to Stay?
June 26, 2025 By Brian Babcock In the wake of the COVID-19 pandemic, Ontario’s court system underwent a rapid transformation—one that many had long advocated for, but few believed would happen so suddenly. The shift to remote hearings, once seen as a temporary measure, now appears to be a permanent fixture in the province’s justice […]
Can You Sue for Emotional Distress in Ontario?
April 29, 2025 By Brian Babcock Emotional distress can have serious consequences, affecting mental health, relationships, and overall well-being. But can you sue for emotional distress in Ontario? The answer is yes—but with important legal nuances. Ontario law recognizes claims for emotional distress under specific circumstances, primarily through the tort of “intentional infliction of mental […]
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 […]
There Are No Guarantees
February 20, 2025 By Jonathon Clark “Am I going to win?” must be very high on any list of frequently asked questions of lawyers when clients are about to sue or are being sued. It is common for clients to ask their lawyer to guarantee the outcome of a lawsuit. This is understandable. Transactional work […]
Anton Piller: The Civil Search Warrant
February 6, 2025 By Jonathon Clark We have written before about the Mareva injunction, designed to prevent a wrongdoer from absconding with all the funds before the recovery lawsuit can proceed. What about preserving evidence that the wrongdoer might destroy? The Anton Piller order is another extraordinary remedy available at the start of a lawsuit […]