Weilers LLP

Show Me The Money

[vc_row][vc_column][vc_column_text]January 8, 2015 By Mark Mikulasik Christmas bills are coming due and heating costs are rising. Your creditors expect to get paid, so if somebody owes you money, chances are you would like to collect it. The first step is to get a court order or judgment in your favour. If the amount is less than […]

To Tell The Truth

[vc_row][vc_column][vc_column_text]November 26, 2014 By Brian Babcock Most people know what it means to tell the truth. Therefore, “A reasonable commercial person would expect, at least, that the other party to a contract would not be dishonest about his or her performance.” This concept is at the core of a recent Supreme Court of Canada decision which recognizes a […]

Ghosts And Goblins – Let The Buyer Beware!!

[vc_row][vc_column][vc_column_text]October 27, 2014 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 media […]

Remedies For Property Disputes

[vc_row][vc_column][vc_column_text]October 23, 2014 By Brian Babcock If you have a property dispute, particularly with a neighbour, you need to carefully consider what remedy is best for your situation. Damages are the most common remedy in law suits. If your neighbour dug up or damaged your hedge, you are likely best to replant it and sue the […]

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 […]