Understanding The “Burden of Proof”
January 7, 2025 By Brian Babcock In legal terms, “burden of proof” refers to the obligation of a party to prove their claims in a case. This concept is crucial in both civil and criminal law, as it determines who has the responsibility to provide evidence to support their argument and win the case. Types […]
Arbitrations and Adjournments
December 31, 2024 By Brian Babcock The Ontario Court of Appeal has confirmed that the scope for refusal to recognize an international arbitration is narrow. In Xiamen International Trade Group Co., Ltd. v. Link Global Food Inc., the Superior Court judge who first heard the request to recognize the award in Ontario denied a request […]
Another Reason Not To Sleep On Your Rights
December 26, 2024 By Mark Mikulasik We have written several articles about why it is essential to beware of time limits, and to commence your action in a timely fashion, yet examples continue to come to our attention of situations in which parties attempt unsuccessfully to make arguments to extend the time and validate a […]
Intrusion Upon Seclusion Must Be Highly Offensive
December 19, 2024 By Brian Babcock The tort of intrusion upon seclusion has been recognized in Ontario since 2012. The three-step test introduced then: The defendant’s conduct must be intentional, including recklessness; The defendant must have invaded, without lawful justification, the plaintiff’s private affairs or concerns; and A reasonable person would regard the invasion as […]
Can A Seller Get Specific Performance?
December 17, 2024 By Nick Melchiorre When we write or talk about specific performance (the action to obtain a judgment enforcing a contract of sale) we typically are talking about buyers who want to obtain a property they consider to be unique. Specific performance is usually only available when money damages would not be an […]
10 Things To Know About Specific Performance
December 10, 2024 By Nick Melchiorre 10 THINGS TO KNOW ABOUT SPECIFIC PERFORMANCE Specific performance is an equitable remedy designed to enforce contractual bargains by requiring a defaulting party to keep up their side of the bargain. It is most frequently thought of in relation to real estate deals that fail to close. Being an […]
What Time Limit Applies?
November 28, 2024 By Jonathon Clark We have written several articles on the dangers of “sleeping on your rights” and missing a limitation period- the time limit set by law to sue. THE ISSUE In order to protect yourself, you need to know what time limit applies. The standard and most common limit is under […]
What is Equity?
November 12, 2024 By Brian Babcock We have posted several articles that refer to “equity” or its cousins, such as “equitable principles” or “equitable remedies”. We have tried to give short explanations, but some readers may want the full story. If so, read on. Equity has its roots as a corrective for harsh or unfair […]
So, You Want A Permanent Injunction
October 31, 2024 By Jonathon Clark We have written before about the test for an “interlocutory injunction”, or an injunction pending trial or other final determination of a dispute. But what if you are seeking a “permanent injunction”, one which continues after the dispute is finally ended, indefinitely into the future? At that point, the […]
Injunctions: Frequently Asked Questions
October 29, 2024 By Brian Babcock What is an injunction? An injunction is a court order which instructs someone (a natural or legal person) to do something, or NOT to do something. What court do a go to? In Ontario, you bring a proceeding in Superior Court. Do I need a lawyer? In theory, you […]