Proving Your Case: Evidence In Action
August 25, 2026 By Brian Babcock Court cases are decided 90% on the facts and 10% on the law. The only facts a court considers are those for which there is evidence. Without evidence, the facts don’t exist. Having explained a bit about what evidence is, we figured that we ought to explain a bit […]
Precise Pleading Counts
August 18, 2026 By Jonathon Clark We have written several articles about the importance of pleadings – the formal documents which start or respond to a proceeding- covering: The core function of pleadings in defining the scope of the case What happens when you need to update or change facts, causes of action, or your […]
What Is Evidence?
August 4, 2026 By Brian Babcock We have written before about the need for evidence to win your case in court. That article focused specifically on using expert evidence to prove damages. We have also written specific articles on other aspects of evidence, including: Expert evidence on applications Evidence in the internet age (in two […]
How To Sort Out A Corporate Dispute
May 19, 2026 By Nick Melchiorre What happens if you are a stakeholder in a privately held Ontario business corporation, and have a complaint about the behaviour of management? There are two principal pathways to relief, other directly suing the individuals involved , which has problems as an avenue to a remedy – primarily, that […]
Court Costs May Be A Bigger Risk Than Damages
April 14, 2026 By Jonathon Clark We have already explained that failing to accept an offer to settle a lawsuit can have serious cost consequences in Ontario. THE ISSUE What happens when the Plaintiff recovers damages, but less than their offer to settle, and the Defendant made no monetary offer? AN OVERVIEW Although costs are […]
What is Civil Fraud?
January 20, 2026 By Brian Babcock When we hear or think about fraud, most of us probably think about criminal fraud. Criminal fraud is society’s response to the need to deter and punish deception. THE ISSUES How do we deter deception that causes damages or losses to private citizens? How do we compensate these individuals […]
The Risks When Your Real Estate Deal Fails to Close
December 30, 2025 By Nick Melchiorre We have written before about what happens if a prospective buyer is unable to close the real estate deal. This may not be as big a problem in Thunder Bay and Northwestern Ontario, where the market is still vigorous, but it is a significant issue in the GTA, where […]
Nominal Damages are Not a Win
December 23, 2025 By Jonathon Clark Nominal Damages are awarded when the Plaintiff proves that they suffered a wrong but cannot prove that they suffered a loss as a result of the wrong. They are said to Illustrate the “where there is a right there is a remedy” theme. Or do they? Examples where nominal […]
When are Damages Assessed?
December 9, 2025 By Nick Melchiorre We have written about the measure of damages in a breach of contract case, in particular where a real estate deal fails to close. It is clear that the normal measure of damages for a failed real estate purchase is the difference between the contract price and the market […]
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 […]