COVID and Constructive Dismissal
April 18, 2024 By Brian Babcock Cases related to loss of employment due to COVID shutdowns continue to work their way through the system. Employers generally do not have a right to layoff employees but some employers saw it differently during the COVID shutdowns. THE ISSUE There may be a “COVID bump” increasing damages in […]
Beware The “Use” Clause In Your Lease
April 16, 2024 By Mark Mikulasik Commercial leases typically contain a clause which restricts the type of use that the tenant can have in the leased property. If the use designated is too narrow, this can come back to bite the tenant. The use clause in Metro 1 Development Corp. Ltd. v. Michael Garron Hospital […]
Doing Repair and Storage Liens Right
April 11, 2024 By Nick Melchiorre The law of possessory liens in Ontario is governed by the Repair and Storage Liens Act. This law attempts to balance the rights of owners and creditors. THE ISSUE It is a complex act and relying on self-help remedies or not doing the paperwork properly, may lead to costly […]
High Conflict Estates Cost A Lot
April 9, 2024 By Jonathon Clark An estate trustee has a right to be indemnified for its proper costs and expenses. An estate trustee may be removed pending the passing of accounts, but they are entitled to have a holdback set aside to cover their costs of passing accounts. The passing of accounts is the […]
Gift or Trust?
April 4, 2024 By Brian Babcock We have written before about resulting trusts, and the case of Pecore v Pecore which says that when you give a gift to an adult child, the presumption in law is that you are transferring only the legal title and that you are still the beneficial owner. THE ISSUE […]
If You Need To Sue
April 2, 2024 By Jonathon Clark We recently wrote an article about what to do if you are sued. But what about if you want to sue? Or more likely, need to sue. Very few people really want to sue. But if you are owed a debt; suffer a personal injury; lost your job; or […]
When Time Is Of The Essence
March 28, 2024 By Mark Mikulasik In our modern casual world, we seldom need to be precise about being on time. Thus, we develop bad habits. THE ISSUE But what about when “time is of the essence” under the terms of a contract? THE CASE In 3 Gill Homes Inc. v. 5009796 Ontario Inc. (Kassar […]
Preparing For Your Examination for Discovery
March 26, 2024 By Jonathon Clark Now that we know what an examination for discovery is, it is time to talk in greater detail about how the examination unfolds and provide you some guidance about how to behave at your discovery. This article is based on a standard memo we provide clients to help them […]
Judicial Review of Government Contracts
March 21, 2024 By Nick Melchiorre Judicial review is like an express lane towards a court decision – it is only available to review administrative decisions of governmental bodies. occasionally clogged by a twelve-car pileup, but more efficient than the typical Superior Court collector lane pace. Also like an express lane, it only works to […]
The Cost Of Settling Unreasonably
March 19, 2024 By Jonathon Clark A settlement agreement between parties to a lawsuit is a contract, and will be enforced by the court where the parties: had a mutual intention to create a legally binding contract; and reached agreement on all of the essential terms of the settlement. Where the agreement is in writing, […]