Time Limits Are Not Easy
December 7, 2023 By Jonathon Clark It has become popular for defendants in civil litigation to bring a summary judgment motion to seek to have an action dismissed where there is an allegation that the action was commenced after the time limit (limitation period) had expired. THE ISSUES The Ontario Court of Appeal has reminded […]
Fraud and Tracing Funds
December 5, 2023 By Brian Babcock If you are the unfortunate victim of fraud (and it can happen to anybody), you probably want to recover your loss. THE ISSUE Tracing the funds into the hands of someone other than the fraudster is often the only way to recover, as fraudsters often try to hide or […]
A Cautionary (But True) Tale
December 1, 2023 By Brian Babcock We have written before about the importance of “getting it in writing”. Did you know it even applies to families? THE ISSUE As long as things are friendly and going smoothly, no one thinks they need an agreement. But if things turn argumentative, a written agreement will help resolve […]
The Certificate of Pending Litigation and an Interest in Land
November 29, 2023 By Brian Babcock We have written before about the importance of certificates of pending litigation (CPL), and the process to discharge them. Because a certificate is usually obtained without notice, the defendant’s discharge motion is often the big fight. If the Plaintiff loses, not only might they not recover what they want, […]
Causation in Human Rights Cases
November 16, 2023 By Brian Babcock In law, we talk about “causation” as the relationship between a person’s actions and the results that follow. It is a complex legal concept and differs by area of law. The application of the concept in human rights complaints differs materially from the general notions of causation. Causation Generally […]
Relevancy Versus Confidentiality
November 10, 2023 By Brian Babcock In litigation, issues as to the production of documents are common. Parties often want to maintain the confidentiality of records prepared in confidence- employment records, medical records, internal investigations. THE ISSUE How far will courts go in protecting confidentiality? This confuses the concepts of confidentiality and privilege. Privilege is […]
Certificates of Pending Litigation
November 6, 2023 By Jonathon Clark Do you know what a “certificate of pending litigation” ( often called a CPL) is and does? A CPL is a document issued by a court- in Ontario, the Superior Court of Justice – when a party, the Plaintiff, is suing, claiming an interest in land. A CPL is […]
Oppression Remedies, Equity and Arbitration
November 3, 2023 By Brian Babcock Courts continue to defer jurisdiction to arbitrators where parties have agreed to arbitrate. THE ISSUE How far will a court defer where the dispute contains issues beyond claims of breach of contract? THE CASE A recent example at the Superior Court level is Spasiw et al. v. Quality Green […]
Thumbs up for Contracts
October 30, 2023 By Mark Mikulasik A contract requires an offer and acceptance. It also requires consideration, but we already explained that concept. “Offer and acceptance” is one of those topics that law school courses drill into first-year student’s brains, with all the strange variations we seldom deal with in practice. The question, however, can […]
Fixed or Indefinite Employment and Why it Matters
October 27, 2023 By Brian Babcock When does a fixed-term contract of employment become a contract of indefinite duration? In Ontario and most of Canada, employees hired under a contract for an indefinite duration are entitled to “reasonable notice” of termination. In Ontario, although the Employment Standards Act provides the minimum notice, reasonable notice may […]