What Is A “Stay”?
January 4, 2024 By Brian Babcock It is a classic Jackson Browne song of course, but a “stay” in court terminology is an order of a court directing that a prior court order not be enforced until some later time, usually the conclusion of an appeal. Stays may also be available where there is not […]
What To Do If You Are Sued
January 2, 2024 By Jonathon Clark If you are served with a statement of claim (or in Small Claims Court, a claim), the first thing to do, even before you call a lawyer, is consider whether you might have insurance. A call to your agent or broker is always a good idea. Insurance will usually […]
Suing Tribunals
December 26, 2023 By Brian Babcock THE ISSUE In most situations, it is impossible to sue the tribunal, its members, or the Crown. If you are dissatisfied with a decision of an administrative tribunal, you should determine your rights to appeal, or obtain judicial review. THE CASE This is illustrated by the decision of the […]
Slapping Down SLAPPs
December 12, 2023 By Brian Babcock Section 137.1 of the Courts of Justice Act is the provision which permits “Anti-SLAPP” motions. SLAPP stands for “Strategic Litigation Against Public Participation”. Public debate on matters of public interest is a part of our Charter Right of Freedom of Expression. This must be balanced against the rights of […]
Time Limits Are Not Easy
December 7, 2023 By Jonathon Clark It has become popular for defendants in civil litigation to bring a summary judgment motion to seek to have an action dismissed where there is an allegation that the action was commenced after the time limit (limitation period) had expired. THE ISSUES The Ontario Court of Appeal has reminded […]
Fraud and Tracing Funds
December 5, 2023 By Brian Babcock If you are the unfortunate victim of fraud (and it can happen to anybody), you probably want to recover your loss. THE ISSUE Tracing the funds into the hands of someone other than the fraudster is often the only way to recover, as fraudsters often try to hide or […]
The Certificate of Pending Litigation and an Interest in Land
November 29, 2023 By Brian Babcock We have written before about the importance of certificates of pending litigation (CPL), and the process to discharge them. Because a certificate is usually obtained without notice, the defendant’s discharge motion is often the big fight. If the Plaintiff loses, not only might they not recover what they want, […]
Relevancy Versus Confidentiality
November 10, 2023 By Brian Babcock In litigation, issues as to the production of documents are common. Parties often want to maintain the confidentiality of records prepared in confidence- employment records, medical records, internal investigations. THE ISSUE How far will courts go in protecting confidentiality? This confuses the concepts of confidentiality and privilege. Privilege is […]
Certificates of Pending Litigation
November 6, 2023 By Jonathon Clark Do you know what a “certificate of pending litigation” ( often called a CPL) is and does? A CPL is a document issued by a court- in Ontario, the Superior Court of Justice – when a party, the Plaintiff, is suing, claiming an interest in land. A CPL is […]
Pick a Number, Any Number
October 23, 2023 By Brian Babcock You agree to purchase a condominium, but the vendor breaches the agreement. THE ISSUE What are you entitled to as damages? The judge will not simply pick a number- there are rules and processes to be followed. THE CASE According to the Divisional Court in Nguyen v. Hu, in […]