Check Your Insurance
September 11, 2022 By Brian Babcock If you are like most of us you think about your property insurance – either commercial or personal – once a year upon renewal, if then. THE ISSUE As with any other type of insurance, you need to review your property insurance anytime you have a significant change – […]
When is it Cost-Effective to Bring a Motion?
September 1, 2022 By Brian Babcock Not all possible steps in your lawsuit are worth the cost. Often, motions are brought for tactical reasons that turn out to be a bad investment. Motions to strike pleadings are a classic example. Poor drafting can be expensive to fix, so is something you want to avoid. But […]
Taking Case Management Seriously
September 1, 2022 By Brian Babcock Case management has been around for a long time in Ontario, but it has recently gained increased prominence. The Rules of Civil Procedure have even been amended to include a rule which governs case management in Toronto, Ottawa, and Essex County. Although the rule is not technically in force […]
Continuation of a Contract by Conduct
August 24, 2022 By Mark Mikulasik Collecting royalty fees from franchisees is the life blood of a successful franchise operation. THE ISSUE What happens when a franchise agreement expires, but the parties continue to operate as if they still had an agreement? THE CASE That was the issue in Coffee Time Donuts Incorporated v. 2197938 […]
Judicial Review? Action? Appeal?
August 24, 2022 By Brian Babcock In our article What is judicial review? we explained the difference between judicial review and an appeal. A judicial review is also not an action for damages. THE ISSUE Choosing the correct procedural path can avoid getting stuck in thorny issues of civil procedure and administrative law. THE CASE […]
Do you need a digital forensic specialist?
August 18, 2022 By Brian Babcock The increasing prevalence of electronic communications brings with it a renewed focus on electronic discovery. Most parties and lawyers lack the expertise necessary to be confident that they will retrieve electronic documents completely in a form in which they are both unchanged and searchable. Even where the party may […]
Can You Get That Deposit Back? Part Two
August 18, 2022 By Brian Babcock When a real estate transaction fails to close through no fault of the buyer, they usually can expect the return of the deposit. However, when the failure to close is due to the fault of the purchaser, the basic principle is that the deposit is forfeited, without proof of […]
Whose Privacy Is It Anyway?
August 18, 2022 By Mark Mikulasik Privacy is an increasingly important issue in society. The need for privacy occurs in many situations and in various forms. No doubt you value your privacy as much as most people. Canadian courts have recognized that the right to privacy exists independently of legislation because of the importance of […]
Is that a life interest or a license to occupy?
August 12, 2022 By Brian Babcock Another reason to be careful about the drafting of your will. THE ISSUE Sometimes people making a will (a “testator”) want to make sure that a friend or family member has a place to live following the death triggering the provisions of the will. It is also not uncommon […]
Penalties for Municipal Conflict of Interest
August 12, 2022 By Mark Mikulasik The appropriate penalty for a municipal conflict of interest has been controversial as long as there has been a Municipal Conflict of Interest Act in Ontario. Prior to the 2017 amendments to the Act, if there was found to be a conflict of interest, the presiding judge had no […]