Proof Is Far From Standard
May 2, 2024 By Brian Babcock You probably know the phrase “beyond a reasonable doubt”. This criminal standard of proof receives frequent attention in the media. But there is a difference between the criminal standard of proof, which is very strict, and the civil standard of “balance of probabilities”, which is less tough to meet. […]
Subjective Intention Doesn’t Matter
April 30, 2024 By Jonathon Clark That eye-catching headline is a bit misleading. In criminal litigation, subjective intention – whether the accused meant to commit the offence- might be important (though not always). In civil litigation involving contracts, which is one of our areas of practice, there is a key difference between “subjective “ intention […]
What Is A “Matter OF Public Interest”?
April 25, 2024 By Brian Babcock We have written before explaining anti-SLAPP motions in Ontario. THE ISSUE The test for a defendant to have a SLAPP action dismissed against requires them to prove that their statement under attack arises from a “matter of public interest”. The courts continue to refine our understanding of this requirement. […]
If You Need To Sue
April 2, 2024 By Jonathon Clark We recently wrote an article about what to do if you are sued. But what about if you want to sue? Or more likely, need to sue. Very few people really want to sue. But if you are owed a debt; suffer a personal injury; lost your job; or […]
Preparing For Your Examination for Discovery
March 26, 2024 By Jonathon Clark Now that we know what an examination for discovery is, it is time to talk in greater detail about how the examination unfolds and provide you some guidance about how to behave at your discovery. This article is based on a standard memo we provide clients to help them […]
The Cost Of Settling Unreasonably
March 19, 2024 By Jonathon Clark A settlement agreement between parties to a lawsuit is a contract, and will be enforced by the court where the parties: had a mutual intention to create a legally binding contract; and reached agreement on all of the essential terms of the settlement. Where the agreement is in writing, […]
What Is An Examination for Discovery
March 12, 2024 By Jonathon Clark After pleadings are exchanged in a civil litigation action, the next step in the litigation is to schedule examinations for discovery. An Examination for Discovery is an oral examination under oath, which would be held with a Court Reporter present, at which time each lawyer involved has an opportunity […]
So, You Want To Be A Witness…
March 5, 2024 By Jonathon Clark No one really WANTS to be a witness, but sometimes we have no choice. Courts run on evidence, and evidence comes through witnesses, whether in an affidavit or in person. We have already written about the serious business of affidavits. Being a witness in person is different but just […]
Lien Trusts Require Separate Action
February 29, 2024 By Mark Mikulasik When the Construction Act replaced the Construction Lien Act one of the amendments we liked was the apparent ability to join a claim for breach of trust with the lien and breach of contract claims, simplifying and consolidating related claims into one action. Or so we thought. Turns out […]
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 […]