Common Sense and Litigation
November 10, 2020 By Brian Babcock A little common sense can go a long way in litigation. The cost and delay in lawsuits can be significantly reduced when parties and their lawyers do the smart thing. A recent Ontario superior Court case is just one of many examples. In 1479021 Ontario Inc. v. Hawkesbury (Town), the […]
The Cost of Public Interest Litigation
October 26, 2020 By Brian Babcock Determining that a proceeding is “public interest litigation” may have significant costs consequences. This is because courts recognize that access to justice has greater importance in public interest litigation than in disputes between private parties. “Public interest” does not mean that the parties are always public bodies. Private citizens may […]
Damages 101
October 26, 2020 By Brian Babcock The objective of calculating damages for a breach of contract seems simple – the injured party, or plaintiff, is supposed to be placed, so far as money can do it, in the same position they would have been in if the contract had been performed. This is sometimes called the […]
Do Not Sleep on Your Rights
October 8, 2020 By Brian Babcock If you are wronged, or even think you are wronged, you almost always have a time limit that applies to when you must start a proceeding to protect your rights. In Ontario, that is generally two years from the date when your claim is discovered by you. There are exceptions, […]
“To Sue or Not to Sue?” That is the Question
September 23, 2020 By Brian Babcock “I was never ruined but twice: once when I lost a lawsuit, and once when I won.” So said the French writer Voltaire, commenting upon the cost of winning a law suit. As litigation lawyers, we love taking on your law suits. For most of us, a day in court […]
Disgorgement of Ill-Gotten Gains
August 10, 2020 By Brian Babcock What is your remedy if someone breaches a duty to you that earns them a profit, but which causes you no losses? Or your losses are impractical to prove or measure? You might think that after hundreds of years, our legal system already has neat answers to these sort of […]
Commercial Real Estate Deals that Don’t Close
July 30, 2020 By Brian Babcock When a real estate deal does not close, you may sue for damages, or claim specific performance. The purpose of specific performance is to provide the you with the result that the contract contemplated – that is, the property. The goal in a remedy for breach of contract is to […]
What is a trust?
July 29, 2020 By Brian Babcock Every time I tell someone I will be teaching Trusts in January, I get the question back, “What is Trusts?” Since Trusts are an important part of everyday life, and not just for lawyers, I thought I ought to post an answer. The origins of trusts date back to before […]
Contempt and the Enforcement of Orders
July 29, 2020 By Brian Babcock Obtaining a judgment or court order is only the first step toward satisfaction. The order must still be acted upon or enforced. In Ontario, the Rules of Civil Procedure provide several mechanisms for collecting on a money judgment. These are distinct from the mechanism for enforcing an order for something […]
Let The Buyer “Beware”
October 30, 2017 By Brad Smith Ghosts and goblins can play a role in the law. There is Latin phrase, caveat emptor, which means, let the buyer beware. This was never so true in a recent court case, 1784773 Ont. Inc. v K-W Labour Association et al. After selling some property, the seller reported in the local […]