When the Story Changes
July 9, 2024 By Brian Babcock We have written before about how success in a lawsuit usually depends upon good story telling. Good story telling begins with good pleadings- the documents that start the lawsuit, set out the defence, or a reply by the Plaintiff. Pleadings help tell your story. THE ISSUE But what happens […]
Let Us Tell Your Story
July 4, 2024 By Brian Babcock “The purpose of the trial is to build a good factual record for the appeal.” So said a local judge at a long ago continuing professional development course (the quote is approximate). His point was that novel arguments of law seldom work well in front of a trial judge […]
Damages For Breach Of Contract
June 27, 2024 By Nick Melchiorre What happens if a real estate deal falls apart because the seller refuses to close? The prospective buyer may be entitled to damages for the loss of their bargain. THE ISSUE How are these damages measured? THE CASE The Ontario Court of Appeal reviews the principles of damages for […]
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 […]