Evidence in the Internet Age – Part 2
October 16, 2023 By Brian Babcock The internet is an ocean of information. Some of it is even correct. The paramount rule governing the admissibility of evidence is reliability and necessity. The best evidence is a document or firsthand evidence of a witness. Not all documents are admitted into evidence. Unless the parties agree otherwise, […]
Don’t be Late for a very important Date
October 13, 2023 By Brian Babcock In 2018, the Ontario Court of Appeal ruled that the basic limitation of two years under the Limitations Act does not prevent objection to the parts of estate accounts that are over two years old. The passing of accounts is usually done at the end of the estate administration. […]
The Oppression Remedy and Piercing the Corporate Veil
October 10, 2023 By Nick Melchiorre What do you do if your tenant (or any other creditor) fails to pay you after the controlling shareholder/director has stripped all the cash out of the company? Suing the corporation is not productive. You want to sue the person with the money. But what do you sue them […]
What if you Die Early?
October 6, 2023 By Brian Babcock It’s not something you want to contemplate, let alone discuss, but it does happen. Have you talked about your children’s futures? Who will care for your pets? What about your digital assets? If you don’t have a spouse, children, or pets, what charities do you want to benefit, or […]
Even Guardianship can be a Battleground
October 2, 2023 By Jonathon Clark It is always sad when families do not agree on how to care for the assets of elders or incapable persons generally. Just as we have seen a huge increase in estate litigation, there are more fights over the control of assets while the owner is still alive. Whether […]
The Appraisal Remedy in Insurance Disputes
September 29, 2023 By Brian Babcock If you have a claim for property damage under your insurance policy, a frequent issue is how much the damage is worth – either the value of what was destroyed, the cost of repair, or the residual value of the damaged item. In Ontario, the Insurance Act provides a […]
Joint Tenancy Debt
September 25, 2023 By Mark Mikulasik THE ISSUES You are owed money by someone who owns a home in joint tenancy- how much can you collect from the sale of the home? Or, on the other side, your spouse is a joint tenant with you and cannot pay their debts. Can their creditors seize your […]
What is Contributory Negligence?
September 18, 2023 By Brian Babcock What happens when an injured person is partly at fault for their own injury? At one time, historically, any negligence by the injured party (the Plaintiff) and they were totally barred from suing. This was great news for people that left the sidewalks unmaintained or for careless drivers. A […]
How Courts Interpret a Contract
September 15, 2023 By Jonathon Clark Breach of contract cases are common in Ontario courts. Trials are about finding facts from evidence, and the great secret of judging is that applying the law is, then, usually easy. THE ISSUE In a breach of contract case, one of the key factual disputes is usually over what […]
Taking a Fair Approach to Termination
September 11, 2023 By Brian Babcock All good things must come to an end, including our jobs. Sometimes that happens because a fixed-term contract expires. Some employees retire. But some are terminated. In Ontario, if you are terminated without cause, you are entitled to compensation from your employer. The Employment Standards Act provides minimums. Common […]