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 […]
Picking a Location for an Action
September 30, 2025 By Jonathon Clark In Ontario, a plaintiff in a Superior Court action has the presumed right to decide where that action will be located and tried if necessary. THE ISSUE What happens if the defendant disagrees with the plaintiff’s choice? THE RULES The defendant has an opportunity to bring a motion under […]
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. […]