What is Promissory Estoppel?
April 2, 2022 By Brian Babcock Promissory estoppel is the legal system’s version of “no backsies”. More formally, it is an equitable defence designed to protect you if another person attempts to back out of a promise after you have changed your legal position in reliance upon the promise. In Trial Lawyers Association of British […]
What a Nuisance!
March 26, 2022 By Brian Babcock You probably had not heard of the criminal offence of “mischief” prior to the Freedom Convoy blockade in Ottawa. You now may have learned that in law the word “mischief” has a different meaning that in everyday conversation. The same is true of the term “nuisance”, although as with […]
Nothing but the Facts: A Story About Interpreting Contracts
March 26, 2022 By Brian Babcock It is dangerous to fall in love with an attractive legal quotation and expect that it will decide your case in your favour. Most lawsuits are ninety per cent about the facts and only ten per cent about the law. That is a truism that I was taught many […]
Is there Doctor-Patient Privilege?
February 27, 2022 By Brian Babcock A court is will make an order for production for inspection of a document that is in the possession of a non-party and is not privileged, if a) the document is relevant to a material issue in the action; and b) it would be unfair to require the moving […]
Sanctions for Contempt of Court
February 13, 2022 By Brian Babcock Judgment is not a remedy directly available for contempt of court arising in a civil lawsuit in Ontario. In the process of confirming this principle, the Ontario Court of Appeal provides a clear and useful roadmap for parties, lawyers, and judges in determining the appropriate sanctions for contempt. In […]
Taking Case Conferences Seriously
February 7, 2022 By Mark Mikulasik Case conferences are available under the Rules of Civil Procedure to move cases forward more efficiently, more affordably, and more justly by allowing judges to make binding procedural decisions at the conference without formal motions. The use of case conferences on a formal basis in civil litigation is a […]
What’s in a Name? A Business Name that is…
January 24, 2022 By Mark Mikulasik In Ontario, any person or corporation carrying on business under any name other than their own name is required to resister that name under the Business Names Act. This makes sense. It should be easy to know who you are doing business with. In addition to registration, you are […]
Dealing With Default
January 24, 2022 By Jonathon Clark Ontario’s legal system strongly favours having disputes resolved on their merits, not as a result of technical rules. For that reason, our courts are given wide powers to excuse non-compliance with the rules. This includes the power to set aside a default judgment and allowing the defendant to file […]
Protecting Your Settlement Privilege
January 23, 2022 By Brian Babcock “Privilege” is a word that the law uses differently than ordinary English, but to a lawyer, it is one of the most important ways that you can protect your privacy and confidentiality. “Solicitor-client privilege” protects communications with your lawyer. Although not absolute, it is highly protected by the courts, […]
Yet Another Reason Not to Sit on Your Rights
January 23, 2022 By Brian Babcock We have written before, more than once, about why waiting until the last moment to start your lawsuit is a bad idea. And yet, there are still new examples of how the time limit may be missed. These cases do not necessarily just involve small losses, or unsophisticated clients. […]