Weilers LLP

Credit Proofing Made Difficult

February 22, 2024 By Jonathon Clark  People starting a risky business venture – which is pretty much everyone starting a new business- are frequently to protect their assets. THE ISSUE One popular method is putting the family home in the name of your spouse (or adult child). The doctrine of presumption of trust could protect […]

How Clean Must Your Hands Be

February 8, 2024 By Nick Melchiorre In a previous article, we explained the concept of “clean hands” and how equity will not assist someone who the court decides had “unclean hands”. This brings back memories of debates with mothers over just how clean hands had to be. The Ontario Court of Appeal considered this in […]

What Is Spoliation?

February 6, 2024 By Brian Babcock Spoliation is the legal term for the intentional destruction or concealment of relevant documents, in a lawsuit, or when you expect a lawsuit. It is well-established in Ontario and elsewhere in Canada that this is at least a rule of evidence which gives rise to a rebuttable presumption that […]

An Oppression Remedy Is An Equitable Remedy

January 23, 2024 By Jonathon Clark The terms of an employment contract will not override the reasonable expectations of a substantial shareholder under the oppression remedy. THE CASE The Plaintiff in Pereira v. TYLT Technologies Inc. (TYLTGO) was a co-founder of the corporation’s business. Though he and his co-shareholder had agreed to sell the business […]

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 […]

Sealing Orders, Removing Lawyers, and Privilege

January 9, 2024 By Brian Babcock If you are involved in a corporate dispute, such as a fight between shareholders, consider a sealing order to protect sensitive corporate information. THE ISSUE As we have written before, the general principle is that court proceedings, including filings, ought to be public and  available for review. THE CASE […]

What Is A “Stay”?

January 4, 2024 By Brian Babcock It is a classic Jackson Browne song of course, but a “stay” in court terminology is an order of a court directing that a prior court order  not be enforced until some later time, usually the conclusion of an appeal. Stays may also be available where there is not […]

What To Do If You Are Sued

January 2, 2024 By Jonathon Clark If you are served with a statement of claim (or in Small Claims Court, a claim), the first thing to do, even before you call a lawyer, is consider whether you might have insurance. A call to your agent or broker is always a good idea. Insurance will usually […]

Suing Tribunals

December 26, 2023 By Brian Babcock THE ISSUE In most situations, it is impossible to sue the tribunal, its members, or the Crown. If you are dissatisfied with a decision of an administrative tribunal, you should determine your rights to appeal, or obtain judicial review. THE CASE This is illustrated by the decision of the […]

Slapping Down SLAPPs

December 12, 2023 By Brian Babcock Section 137.1 of the Courts of Justice Act is the provision which permits “Anti-SLAPP” motions. SLAPP stands for “Strategic Litigation Against Public Participation”. Public debate on matters of public interest is a part of our Charter Right of Freedom of Expression. This must be balanced against the rights of […]