Capital Punishment For A Breach Of Privilege?
May 26, 2023 By Brian Babcock Privilege is a serious matter, as we have explained before. ISSUE But what penalty should be imposed when one party intentionally and seriously violates the privilege of another? THE CASE In Continental Currency Exchange Canada Inc. v. Sprott, the Ontario Court of Appeal imposes a form of judicial capital […]
Who Is More Innocent?
May 5, 2023 By Brian Babcock The moral high ground strikes again. THE ISSUE Though the phrase is seldom used explicitly in judgments, the centrality of this concept to equity is the silent explanation of the result of many civil cases. THE CASE This is once again demonstrated by Canadian Imperial Bank of Commerce v. […]
What is the “clean hands doctrine”?
May 5, 2023 By Nick Melchiorre You may have heard the expression “coming to court with clean hands”. Perhaps you have a vague idea what you think it may mean or you may have no idea. We are here to help your understanding because, like so much in law, a few simple words can have […]
Equity and the Defence of Dishonesty
February 24, 2023 By Brian Babcock It must take a particular kind of bravery to execute a multimillion-dollar fraud against the government. That same foolish bravery may then lead the fraudster to try to defend an action by the government to recover the money on the basis that it is really the government’s fault for […]
Can you appeal court costs?
February 24, 2023 By Jonathon Clark In Ontario it is normal that a successful party in a lawsuit is awarded a portion of their legal expenses as court costs following a trial, motion, or other event. THE ISSUE You are most likely aware that most final judgments are subject to appeal to the Court of […]
The Importance of Written Agreements in Oppression Remedy Cases
February 19, 2023 By Jonathon Clark We have written a number of articles on the oppression remedy so you may be thinking that there must be nothing left to say. THE ISSUE Except, we have yet to write about a case emphasizing the importance of written agreements in resolving the fallout of an oppression claim. […]
What About Innocent Misrepresentation?
February 19, 2023 By Nick Melchiorre We have previously written about fraudulent misrepresentation, often simply called fraud or civil fraud, and its ugly stepsister, negligent misrepresentation. THE ISSUE But what happens when the opposite party in a contract induces you to enter into the contract with a representation that is false, but which they believe […]
Building a Record for the Appeal
February 10, 2023 By Brian Babcock What just might be worse than losing your case at trial? Winning the case and then having to go back to try it all over again because not only does the Court of Appeal grant the appeal, but they also decide that the factual record from the trial is […]
What Is Negligent Misrepresentation?
February 4, 2023 By Jonathon Clark We have mentioned the phrase “negligent misrepresentation” in several articles so far. We have yet to discuss negligent misrepresentation in an article specifically dedicated to the subject. That probably leaves some of you wondering “what is negligent misrepresentation?”, either because you landed here by Googling the term or because […]
A Million Dollar Parking Ticket?
January 27, 2023 By Mark Mikulasik THE ISSUE No, not really a million-dollar parking ticket. Just a million dollar fine for civil contempt arising from a dispute about illegal parking. The hurt in your pocketbook would be just as painful. THE CASE In Caledon (Town) v. Darzi Holdings Ltd., the individual appellant’s construction company improperly […]