Expert Evidence In Applications
September 17, 2024 By Brian Babcock Applications are an alternative form of proceeding. An application may be commenced rather than an action where there are unlikely to be factual disputes. Evidence in applications usually takes the form of affidavits. But what about expert evidence? The Ontario Court of Appeal, in 1000029174 Ontario Inc. v. Miculinic […]
Put Your Best Foot Forward
September 12, 2024 By Jonathon Clark If confronted by a motion for summary judgment, you must “put your best foot forward.” A motion for summary judgment is an alternative to having your lawsuit resolved through a trial. Prior to 2008, when the rule was amended, summary judgment was rarely available. Under the amendment to the […]
What Is Civil Litigation?
September 10, 2024 By Jonathon Clark Tell someone who asks, “what type of law do you practice?” that you practice civil litigation, and you expect a blank stare, or perhaps to be asked “what is that?” “Civil litigation” is lawyer speak, not common language that most of the public understands THE ELEVATOR PITCH VERSION? An […]
Pleadings Are Important Part Two: Fixing Pleadings
September 3, 2024 By Brian Babcock An earlier article explains why pleadings are important. What happens if you need to update or fix something in your pleading? In Ontario, the Rules of Civil Procedure provide rights to amend pleadings. The provision is very forgiving, stating that: On motion at any stage of an action the […]
When Are Directors Personally Liable?
August 27, 2024 By Brian Babcock The general rule is that directors and officers of a corporation cannot be sued for the wrongful acts of the corporation. This is a corollary to the principle that corporations have their own legal identity, as if they are persons. Except corporations cannot think like people can, so the […]
Don’t Be Denied Arbitration
August 15, 2024 By Brian Babcock Despite an agreement to arbitrate, the opposing party might start a court action. What do you do then if you want the dispute to go to arbitration? You apply for a stay of the court action. This is similar to a stay of enforcement of a court order, but […]
Rethinking Releases Again
July 30, 2024 By Jonathon Clark Settlements may be reached calmly and with reflection, or hurriedly in a hallway. In any case, it is important to make sure that the terms of settlement are clear and complete. THE ISSUE One of the terms of most settlements is to require a release to be signed. But […]
When the Story Changes
July 9, 2024 By Brian Babcock We have written before about how success in a lawsuit usually depends upon good story telling. Good story telling begins with good pleadings- the documents that start the lawsuit, set out the defence, or a reply by the Plaintiff. Pleadings help tell your story. THE ISSUE But what happens […]
Let Us Tell Your Story
July 4, 2024 By Brian Babcock “The purpose of the trial is to build a good factual record for the appeal.” So said a local judge at a long ago continuing professional development course (the quote is approximate). His point was that novel arguments of law seldom work well in front of a trial judge […]
Damages For Breach Of Contract
June 27, 2024 By Nick Melchiorre What happens if a real estate deal falls apart because the seller refuses to close? The prospective buyer may be entitled to damages for the loss of their bargain. THE ISSUE How are these damages measured? THE CASE The Ontario Court of Appeal reviews the principles of damages for […]