What is Vicarious Liability?
June 27, 2022 By Jonathon Clark “Vicarious liability” is a form of liability which arises from responsibility for the acts of others. The most common form of vicarious liability is the liability of an employer for the acts of their employees. Other common examples include liability of a principal for the action of their agents, […]
Pleadings in Small Claims Court
June 20, 2022 By Mark Lahn Pleadings in small claims court do not have to reach the same degree of sophistication as pleadings in the Superior Court of Justice. Pleadings are the documents in which the parties set out their claim and their defence. In the rules that apply to Superior Court cases, there are […]
It’s About Time
June 20, 2022 By Brian Babcock It is fitting that the Court of Appeal would release a decision about extending the time to file an appeal a few days before daylight savings time extends daylight into the evenings. Like most things in court, there is a time limit within which to file your notice of […]
The Turbulent River of Twitter Commentary
June 6, 2022 By Brian Babcock We have written before about Ontario’s law regarding strategic lawsuits against public participation. Under this “anti-SLAPP law”, claims which appear not to have substantial merit or to have been brought simply to discourage debate regarding matters of public interest can be summarily dismissed under a simplified process. It is […]
What Does “Litigation is Not a Tea Party” Mean?
April 29, 2022 By Brian Babcock Famously, “litigation is not a tea party”, meaning that the participants can expect a tough fight. This is limited by various rules, particularly those that enforce honesty, and try to prevent judges from being misled. Failure to immediately disclose an agreement between parties to a lawsuit that converts their […]
When Is A Second Discovery Necessary?
April 24, 2022 By Brian Babcock Oral examinations for discovery out of court are a long established means of preventing “trial by ambush” under Ontario’s Rules of Civil Procedure. In most cases, each party is allowed to examine the others once, with time limits that may be extended where appropriate. Each person examined must correct […]
Affidavits Are Serious Business
April 24, 2022 By Brian Babcock An affidavit is a written (usually typed) document that is sworn under oath or affirmed as being true before a commissioner of oaths or notary public. They are used in a variety of contexts to prove facts – ranging from proof of identity, to forming part of a construction […]
Privilege, Settlement, and Common Sense
April 9, 2022 By Brian Babcock Settling your disputes before going through the time, trouble, expense, and delay of a trial or other final hearing is a good thing. This is recognized both by court rules and ethical rules applying to lawyers. Both sets of rules encourage settlements. Privilege, which is the technical legal term […]
What is Promissory Estoppel?
April 2, 2022 By Brian Babcock Promissory estoppel is the legal system’s version of “no backsies”. More formally, it is an equitable defence designed to protect you if another person attempts to back out of a promise after you have changed your legal position in reliance upon the promise. In Trial Lawyers Association of British […]
What a Nuisance!
March 26, 2022 By Brian Babcock You probably had not heard of the criminal offence of “mischief” prior to the Freedom Convoy blockade in Ottawa. You now may have learned that in law the word “mischief” has a different meaning that in everyday conversation. The same is true of the term “nuisance”, although as with […]