Taking Arbitration Clauses Seriously
June 19, 2015 By Brian Babcock Canadian courts are increasingly willing to enforce the terms of arbitration clauses in commercial agreements. Canadian businesses need to learn to take these clauses seriously. For many years, even decades, our clients did not take commercial arbitration clauses seriously, and for good reason. If a dispute arose, even if the […]
Show Some Consideration
[vc_row][vc_column][vc_column_text]March 27, 2015 By Brian Babcock Maybe you have read, or even signed, a document which included the magic words “In consideration of…” and wondered why that phrase appears. You should never sign a legal document if you do not understand the terms, so the first tip in this article: never be afraid to ask questions before signing contracts, […]
It’s About Clients
[vc_row][vc_column][vc_column_text]February 26, 2015 By Brian Babcock Lawyers are not special because we are lawyers. We are special because of our commitment to our clients. The Supreme Court of Canada repeated this in their recent decision exempting lawyers from many of the provisions in Canada’s money laundering regulations which might allow the government to peek behind the veil of […]
Unjust Enrichment: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]January 27, 2015 By Brian Babcock 1. What is Unjust Enrichment? It is the principle which organizes the law of restitution. It is used to strip gains from a wrong-doer (even an innocent one) and compensate the person who suffered from the wrong doing, in situations that do not fit other rules of law. 2. When […]
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 […]