Rethinking Releases
November 9, 2021 By Brian Babcock For 150 years in Canada, releases have been interpreted differently than other contracts. That will no longer be the case after the Supreme Court ruling in Corner Brook (City) v. Bailey. The court has stated that because a release is a contract, general rules of contract interpretation ought to […]
The Cost of Experts
November 9, 2021 By Brian Babcock Evolving case law and amendments to the Rules of Civil Procedure encourage parties to retain experts in civil litigation. For example, in a negligence action, it is often impossible to prove what the standard of care is, not to mention whether the standard was met, without an expert. Even […]
What We Learned From Our First Zoom Trial
October 31, 2021 By Martha Petryshyn & Mark Lahn In early 2021, Weilers associate Martha Petryshyn conducted a five-day trial using the video conferencing software Zoom in the Ontario Court of Justice. Conducting an entire trial virtually was a new experience for the team here at Weilers. In this article, we would like to share […]
Waiver of Privilege Can Happen When You Least Expect It
October 16, 2021 By Brian Babcock Solicitor-client privilege is an important feature of our legal system. In order for you to have confidence to discuss your situations honestly with your lawyer, you want the assurance that what you say to them, and what they say to you, will remain confidential. Solicitor-client privilege has been called […]
Home Field Advantage: Can you sue for that in Ontario?
October 4, 2021 By Brian Babcock Ontario courts are usually very liberal about questions of jurisdiction to sue in Ontario. The general test is that there must be a ‘real and substantial connection’ between Ontario and the claim against the defendants (the people being sued). Where the plaintiff (the person suing) and at least one […]
Punitive Damages are Not a Consolation Prize
September 5, 2021 By Brian Babcock Punitive damages may only be awarded if the court finds that there is an “independent actionable wrong.” Misconduct alone is not enough. This principle, established at least since 2002, has been somewhat overlooked in recent years as judges easily found the requirement met by almost any malicious or intentional […]
Limiting claims for breach of privacy?
August 11, 2021 By Brian Babcock Privacy rights are fundamentally important. This has been confirmed by the Supreme Court of Canada in Douez v. Facebook, Inc where privacy rights are described as having “quasi-constitutional status”. That decision dealt with claims of breaches of British Columbia’s Privacy Act, not common law claims for damages in tort. […]
Judgment after Default
August 11, 2021 By Brian Babcock You sue somebody because they owe you money, or have caused you damages. They do not defend. What do you do next? The answer depends upon the nature of your claim. If you have a “liquidated claim”, you note the defendant in default, file some documents, and the Registrar […]
Rethinking Damages for Defamation?
June 15, 2021 By Brian Babcock Defamation is the action you might bring if someone tells lies about you that harm your reputation. Libel and slander are both types of defamation. An action for defamation may lead to “aggravated damages” or “punitive damages” in addition to “general damages” for loss of reputation, mental distress and […]
Protecting Your Good Name
March 16, 2021 By Brian Babcock Who steals my purse steals trash. ‘Tis something, nothing: ‘Twas mine, ’tis his, and has been slave to thousands. But he that filches from me my good name Robs me of that which not enriches him And makes me poor indeed. (Othello Act 3 Scene 3) Shakespeare understood the […]