Weilers LLP

Pleadings Are Important

June 20, 2024 By Brian Babcock Pleadings are important. They define the issues in a case. They allow the opposing parties, and the courts, to understand the case. THE ISSUE Failing to set out in your Statement of Claim or Notice of Application just what you are seeking from the court can leave you disappointed. […]

What is a “Factum”?

June 18, 2024 By Brian Babcock We have written before about the importance of occupying the “moral high ground.” But how do you do that? Everything you do in the court process may play a role- pleadings, evidence and oral argument. But perhaps nothing is as important as the factum. If you are new to […]

Relitigating Is An Abuse Of Process

June 6, 2024 By Brian Babcock  Courts have limited resources. Parties usually want finality in resolving their disputes- at least one party usually does. THE ISSUE What happens when a party does not take “no” for an answer? The law provides technical defences to repeated efforts to submit the same issue to the court – […]

What Is Cross-Examination?

June 4, 2024 By Jonathon Clark  We recently wrote about being a witness, a companion piece to an earlier article about the seriousness of affidavits. In both situations, the evidence, and the witness, are subject to cross-examination. “Cross-examination” is examination of a witness by the opposing party, either in court, or sometimes before the court […]

Remedies For Breach Of Mareva Injunctions

May 30, 2024 By Mark Mikulasik What is a Mareva Injunction? Th Ontario Court of appeal describes this relief  in the case of Buduchnist Credit Union Limited v. 2321197 Ontario Inc. at paragraph 45: Mareva injunctive orders restrain the defendant and others from improperly disposing of or dealing with their assets in order to prevent […]

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 […]