Duress And Undue Influence May Undo Contracts
[vc_row][vc_column][vc_column_text]October 14, 2014 By Brian Babcock Though courts promote freedom of contract, they also recognize that the freedom must be real. When a stronger party takes advantage of a weaker party, common sense tells us that the law should protect that weaker party from this wrong. This results in an exception to the general rule that […]
How Something So Write Can Be So Wrong
[vc_row][vc_column][vc_column_text]September 10, 2014 By Brian Babcock It occasionally happens that a contract is drafted, but somewhere between the handshake and the printer, something goes horribly wrong. The written words do not match what was intended. If this is caught before signing, the rule of law is like the rule of basketball “no harm, no foul.” You […]
What Is An Apology Worth?
[vc_row][vc_column][vc_column_text]July 16, 2014 By Brian Babcock Injured or aggrieved people are often looking for more than money as compensation for being wronged, and this is especially true where the damage is to a person’s reputation or personal dignity. This fall, I am teaching Remedies at Lakehead University Faculty of Law, and one of the topics I will […]
Punitive Damages: A Top Ten FAQ
July 9, 2014 By Brian Babcock 1. What are punitive damages? Punitive damages are amounts awarded in tort or occasionally in contract cases to punish a wrongdoer for particularly bad behaviour, to promote respect for the law and provide deterrence, that is, to discourage both the wrongdoer and others from repeating the bad behaviour. 2. Are they awarded […]
Why Wait? Sue Now?
[vc_row][vc_column][vc_column_text]April 16, 2014 By Brian Babcock People with potential court claims sometimes want to wait to start their lawsuit. For most claims in Ontario, you have two years to sue, and some people are not in a hurry. There are very good reasons to NOT wait to start your action, and a few counterarguments in favour […]
“You’ve Been Served…”
[vc_row][vc_column][vc_column_text]April 3, 2014 By Brian Babcock Hearing those words will send a chill through anybody’s heart. So, the first thing to do is to look at the papers you are handed. Very quickly you should be able to tell: What court you are being sued in What you are being sued for Who is suing you […]
Court Reform Features Increases To Limits Of The Small Claims Court And Simplified Rules
[vc_row][vc_column][vc_column_text]February 1, 2010 By Brad Smith Several important changes affecting the civil courts designed to increase access to justice, reduce delay and lower the costs of court proceedings came into effect on January 1, 2010. The changes make court proceedings more economical. Previously, a person may have not pursued a claim, or settled it unfavourably, because […]
New Defamation Defence Balances Charter Values
[vc_row][vc_column][vc_column_text]November 27, 2007 By Brian Babcock Ontario’s Court of Appeal recently decided to recognize the English defence of “public interest responsible journalism” in a claim of defamation. The case involved a series of articles in the Ottawa Citizen, which the Plaintiff argued were untrue and defamatory. The paper could not rely upon defences of truth and […]
Noisy And Nuisance Neighbours
[vc_row][vc_column][vc_column_text]December 28, 2006 By Brian Babcock Maybe you just purchased your dream home on the lake and wake up one morning to the roar of jet skis. Perhaps you have lived in an established neighbourhood for twenty years, and the house next door was just subdivided into apartments, and next thing you know, there are motorbikes […]
Error In Tender Amount Costs Contractor $434,000 – Court Says Bid Cannot Be Withdrawn
February 23, 2006 By Brian Babcock Ontario’s highest court recently ordered a construction contractor to pay $434,000 in damages for refusing to perform a contract after it made a $557,000 error in its tender bid. The court would not allow the contractor to withdraw the bid. To begin with, Construction Law 101: since a 1981 Supreme […]