It’s About Time
June 20, 2022 By Brian Babcock It is fitting that the Court of Appeal would release a decision about extending the time to file an appeal a few days before daylight savings time extends daylight into the evenings. Like most things in court, there is a time limit within which to file your notice of […]
Employers Beware When Terminating Long Service Employees
June 13, 2022 By Brian Babcock We have written several times before about how judges tend to favour employees in cases involving termination without notice, because they are viewed as vulnerable and lacking in bargaining power. Courts attempt to balance this by resolving doubt in their favour. This is especially true for older or longer […]
The Power of Judicial Review is Not Unlimited
June 13, 2022 By Brian Babcock As we explained in an earlier article, judicial review is a process by which courts supervise the decisions of administrative bodies, to make sure that the decisions are fair, reasonable, and consistent with the law. It is generally available where there is no appeal of the decision, and the […]
The Turbulent River of Twitter Commentary
June 6, 2022 By Brian Babcock We have written before about Ontario’s law regarding strategic lawsuits against public participation. Under this “anti-SLAPP law”, claims which appear not to have substantial merit or to have been brought simply to discourage debate regarding matters of public interest can be summarily dismissed under a simplified process. It is […]
Mining Exploration Permits and the Honour of the Crown: FAQ
June 6, 2022 By Brian Babcock What is the ‘honour of the Crown’? It is a constitutional duty to First Nations (or other Indigenous peoples) which springs from the ongoing process of reconciliation with Indigenous people, a process which is a moral, political, and legal obligation of the Crown. It is an obligation at the […]
A Sticky Wicket about Cricket
May 30, 2022 By Brian Babcock An arbitrator’s award must include reasons which explain clearly how the decision was made. This principle was reviewed and reinforced in the Ontario Superior Court decision of Alberta Cricket Association v. Alberta Cricket Council. The case involved a dispute between two groups competing to be designated as the Provincial […]
How Not to Do an Employment Investigation and Termination
May 30, 2022 By Brian Babcock A failure to do a proper investigation before terminating an employee, and then botching the termination, can lead to significantly increased damages payable by the employer to the employee. This is illustrated in the case of McGraw v Southgate (Township). The plaintiff was a volunteer fire fighter who held […]
Adjournments and Administrative Tribunals
May 23, 2022 By Brian Babcock Procedural fairness is a necessary requirement for any administrative tribunal hearing. However, that does not mean that the courts will uphold objections from parties in all cases a party feels they were unfairly treated. Procedural fairness has its limits. This includes the right to multiple adjournments of a hearing. […]
Can You Get That Deposit Back?
May 23, 2022 By Brian Babcock Sometimes real estate deals go sour and do not close. If you are the purchaser, that normally means that you are entitled to the return of the deposit you paid when the agreement was signed. One of the situations in which you may not get your deposit back is […]
Can a Suicide Note be a Will?
May 13, 2022 By Brian Babcock IF YOU OR A LOVED ONE ARE EXPERIENCING MENTAL HEALTH ISSUES AND MAY BE SUICIDAL, SEEK PROFESSIONAL HELP IMMEDIATELY. HEALTH ISSUES ARE BEYOND OUR SCOPE OF WORK, AND EVEN THE BEST LEGAL HELP IS LESS IMPORTANT THAN YOUR HEALTH. The short answer is “yes it can”, which is a […]