Trial by Stopwatch
August 25, 2023 By Brian Babcock When considering the valuable lessons that the court system learned during COVID, the focus is usually on the advantages of video for motions, trials, or taking evidence from witnesses in distant locations. This is really about trial efficiency. Another important lesson has emerged about trial efficiency, that is, the […]
What Are Reliance Damages?
August 18, 2023 By Jonathon Clark In a claim arising from a breach of contract, the goal is to put the injured party (the Plaintiff) back into the position that they would have been but for the breach. In a typical claim for a breach of contract, this means that the Plaintiff seeks “expectation damages”, […]
Punitive damages: Bigger is not Always Better
August 11, 2023 By Jonathon Clark We have written before about Punitive Damages. How much are they worth? In Canada, punitive damages are paid to Plaintiffs where the wrongdoer, in addition to causing actual (compensatory) damages, carried on in a way that was callous, highhanded, malicious or vindictive. They are further limited by the requirement […]
Excluding Witnesses
August 8, 2023 By Brian Babcock Ontario’s Rules of Civil Procedure provide for an order excluding witnesses who have not yet testified at trial. This order is made automatically at the request of any party. The purpose of the rule is to ensure that later witnesses do not tailor their evidence to match that of […]
Estate Trustees and the Explosion of Litigation
July 4, 2023 By Jonathon Clark In a recent article, we focused on how terminology can confuse even sophisticated people as to the difference between various sorts of trustees. That article emphasized the importance of understanding your role. THE ISSUE But should you agree to act? THE CASE If you are named as an estate […]
Transitioning from Small Claims Court to Superior Court
June 29, 2023 By Brian Babcock You start a law suit in Small Claims Court for damages under $35,000.00. THE ISSUE Later, you realize that: Damages are not an adequate remedy. You need perhaps an injunction, or specific performance, or rectification of a contract. These are equitable remedies not available in Small Claims Court. Or […]
When Do You Know That It Is Appropriate to Commence a Proceeding?
June 21, 2023 By Brian Babcock Ontario’s Limitations Act, 2002 incorporates the concept of discoverability. Although in most situations, you are presumed to have discovered your claim on the date of your injury or breach of contract, if you are unaware of the facts, the time limit to sue (usually two years) may be delayed. […]
Evidence in the Internet Age
June 8, 2023 By Brian Babcock We live in an information age where knowledge is readily accessible. If we want to know something we just Google it or ask Siri. THE ISSUE But is this good enough for evidence in the Superior Court of Justice? THE CASE The answer is “sometimes” or “maybe.” The Ontario […]
Contracts as to Legal Costs
June 1, 2023 By Jonathon Clark Ontario, like most of Canada, follows the British tradition of requiring a losing party to reimburse the winning party a portion of their legal expenses after a trial. This differs from the American tradition. How much of the actual legal costs should be awarded as court costs payable by […]
More Corporate Fun And Games
May 29, 2023 By Nick Melchiorre If you end up in a dispute with your fellow shareholders in a closely held private corporation, it pays to be well behaved. We looked at that previously in the context of seeking an oppression remedy. THE ISSUE But what about an injunction to compel your fellow shareholder to […]