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Error In Tender Amount Costs Contractor $434,000 – Court Says Bid Cannot Be Withdrawn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 […]
Pedestrian Vehicle Accidents: Right Of Way Not Absolute
June 1, 2005 By Brian Babcock Every year we hear stories of tragic accidents involving vehicles and pedestrians. Traffic laws, and fault based insurance claims are deterrents, but compensation for accident victims can never replace their losses. Greater caution on the part of drivers could reduce the risk of these accidents, but pedestrians share the responsibility […]