Joint Tenancy Debt
September 25, 2023 By Mark Mikulasik THE ISSUES You are owed money by someone who owns a home in joint tenancy- how much can you collect from the sale of the home? Or, on the other side, your spouse is a joint tenant with you and cannot pay their debts. Can their creditors seize your […]
How Courts Interpret a Contract
September 15, 2023 By Jonathon Clark Breach of contract cases are common in Ontario courts. Trials are about finding facts from evidence, and the great secret of judging is that applying the law is, then, usually easy. THE ISSUE In a breach of contract case, one of the key factual disputes is usually over what […]
Towards Efficient Justice in Estate Disputes?
September 1, 2023 By Jonathon Clark Estate disputes triggered by sibling rivalry continue to clog up Ontario courts. THE CASE So much so that the Ontario Court of Appeal upheld a Superior Court decision where the judge departed from normal requirements that the outcome of a hearing has to be something the parties anticipated or […]
Trial by Stopwatch
August 25, 2023 By Brian Babcock When considering the valuable lessons that the court system learned during COVID, the focus is usually on the advantages of video for motions, trials, or taking evidence from witnesses in distant locations. This is really about trial efficiency. Another important lesson has emerged about trial efficiency, that is, the […]
What Are Reliance Damages?
August 18, 2023 By Jonathon Clark In a claim arising from a breach of contract, the goal is to put the injured party (the Plaintiff) back into the position that they would have been but for the breach. In a typical claim for a breach of contract, this means that the Plaintiff seeks “expectation damages”, […]
Punitive damages: Bigger is not Always Better
August 11, 2023 By Jonathon Clark We have written before about Punitive Damages. How much are they worth? In Canada, punitive damages are paid to Plaintiffs where the wrongdoer, in addition to causing actual (compensatory) damages, carried on in a way that was callous, highhanded, malicious or vindictive. They are further limited by the requirement […]
Excluding Witnesses
August 8, 2023 By Brian Babcock Ontario’s Rules of Civil Procedure provide for an order excluding witnesses who have not yet testified at trial. This order is made automatically at the request of any party. The purpose of the rule is to ensure that later witnesses do not tailor their evidence to match that of […]
Estate Trustees and the Explosion of Litigation
July 4, 2023 By Jonathon Clark In a recent article, we focused on how terminology can confuse even sophisticated people as to the difference between various sorts of trustees. That article emphasized the importance of understanding your role. THE ISSUE But should you agree to act? THE CASE If you are named as an estate […]
Transitioning from Small Claims Court to Superior Court
June 29, 2023 By Brian Babcock You start a law suit in Small Claims Court for damages under $35,000.00. THE ISSUE Later, you realize that: Damages are not an adequate remedy. You need perhaps an injunction, or specific performance, or rectification of a contract. These are equitable remedies not available in Small Claims Court. Or […]
When Do You Know That It Is Appropriate to Commence a Proceeding?
June 21, 2023 By Brian Babcock Ontario’s Limitations Act, 2002 incorporates the concept of discoverability. Although in most situations, you are presumed to have discovered your claim on the date of your injury or breach of contract, if you are unaware of the facts, the time limit to sue (usually two years) may be delayed. […]