What Is Cross-Examination?
June 4, 2024 By Jonathon Clark We recently wrote about being a witness, a companion piece to an earlier article about the seriousness of affidavits. In both situations, the evidence, and the witness, are subject to cross-examination. “Cross-examination” is examination of a witness by the opposing party, either in court, or sometimes before the court […]
Remedies For Breach Of Mareva Injunctions
May 30, 2024 By Mark Mikulasik What is a Mareva Injunction? Th Ontario Court of appeal describes this relief in the case of Buduchnist Credit Union Limited v. 2321197 Ontario Inc. at paragraph 45: Mareva injunctive orders restrain the defendant and others from improperly disposing of or dealing with their assets in order to prevent […]
Interpreting Wills: The “Armchair” Approach
May 28, 2024 By Mark Mikulasik Have you ever wondered how a court interprets a will when people disagree about the meaning? THE CASES The principles are described in the Ontario Superior Court decision of Mohapel v. Young. The objective is that: When interpreting a will, the court’s task is to determine the testator’s actual […]
Trustee Compensation and Legal Fees
May 28, 2024 By Nick Melchiorre Trustees , including estate trustees, are entitled to compensation for their efforts. But how much? The lawyers for the trustees (or for the estate) are entitled to payment. But how much? What if the same person acts as trustee and lawyer? How are they compensated? The ultimate decision is […]
Who Gets The Dog?
May 23, 2024 By Brian Babcock Many of us love our pets. But in law, they are possessions like any other personal property. In the case of family breakdown, or the death of a partner or spouse, ownership was the determination of who gets the pet. THE ISSUE Sometimes ownership is not clear or was […]
Rectifying Wills
May 16, 2024 By Brian Babcock Your will is supposed to express what you want done with your property after you die. After all that is why it is called a “will”- because it expresses your will. THE ISSUE But what happens if the formal will for some reason does not accurately express your intentions? […]
Road Access and Your Summer Getaway
May 14, 2024 By Nick Melchiorre With spring blossoming, cottage season is approaching. For a lawyer, that means that the status of access roads becomes a concern. If you are buying rural property, one of the issues might be road access. Properly created roads vary from formal roads dedicated to municipal ownership and control, to […]
Is That Will Valid?
May 9, 2024 By Brian Babcock In order to be valid, a will must be made while the person making it (the “testator”) has mental capacity to make a will. THE ISSUE A recent Ontario Court of Appeal decision nicely collects and summarizes examples of the indications that a court will look at in determining […]
Perfection Of Leases Under The PPSA
May 7, 2024 By Mark Mikulasik In Ontario, the Personal Property Security Act protects lenders through a priority of registration system. A key exception is the purchase money security interest, by which a supplier can maintain first claim in items supplied on credit, regardless of order of registration, or “perfection”. THE ISSUE For decades, there […]
Proof Is Far From Standard
May 2, 2024 By Brian Babcock You probably know the phrase “beyond a reasonable doubt”. This criminal standard of proof receives frequent attention in the media. But there is a difference between the criminal standard of proof, which is very strict, and the civil standard of “balance of probabilities”, which is less tough to meet. […]