Adverse Possession and Municipal Lands
September 8, 2023 By Mark Mikulasik THE ISSUE Is adverse possession available to extinguish the title of a municipality in favour of someone who claims adverse possession? The answer, says the Ontario Court of Appeal, is “sometimes”. BACKGROUND First, almost all land in Ontario, and especially in Thunder Bay and Northwestern Ontario, is in the […]
Duties of Good Faith Versus Fiduciary Duties
September 5, 2023 By Brian Babcock We have previously discussed the meaning of “fiduciary” and the duties that a fiduciary may owe to the beneficiary of that duty. A fiduciary duty comes with several responsibilities, which may vary depending on the relationship. Because the law of fiduciary duties is still evolving, no single comprehensive list […]
Towards Efficient Justice in Estate Disputes?
September 1, 2023 By Jonathon Clark Estate disputes triggered by sibling rivalry continue to clog up Ontario courts. THE CASE So much so that the Ontario Court of Appeal upheld a Superior Court decision where the judge departed from normal requirements that the outcome of a hearing has to be something the parties anticipated or […]
What Happens to Your Pets When You Die?
August 28, 2023 By Mark Mikulasik Many of us consider our pets to be part of the family. Ontario law considers them to be property. British Columbia is leading the way with proposed legislation that would treat pets more like family members in the event of a custody dispute. However, this does not appear to […]
Trial by Stopwatch
August 25, 2023 By Brian Babcock When considering the valuable lessons that the court system learned during COVID, the focus is usually on the advantages of video for motions, trials, or taking evidence from witnesses in distant locations. This is really about trial efficiency. Another important lesson has emerged about trial efficiency, that is, the […]
Why Keeping Corporate Records Up To Date Is Good Business
August 21, 2023 By Mark Mikulasik If you control a small to medium-sized closely held private corporation and keep your corporate records up to date through annual minutes, declaration of dividends, waiver of audit requirements, and all required special resolutions, congratulations. THE ISSUE Unfortunately, at Weilers LLP, we are often retained by corporate clients to […]
What Are Reliance Damages?
August 18, 2023 By Jonathon Clark In a claim arising from a breach of contract, the goal is to put the injured party (the Plaintiff) back into the position that they would have been but for the breach. In a typical claim for a breach of contract, this means that the Plaintiff seeks “expectation damages”, […]
It is Your Contract: Arbitration Clauses and Appeal Rights
August 14, 2023 By Nick Melchiorre Arbitration agreements are often overlooked in the drafting and negotiation of contracts. Sure, the agreement may contain an arbitration clause, but frequently, they are added by the lawyers and given little, if any, scrutiny by the parties. THE ISSUE As with any provision in your commercial contract, the arbitration […]
Punitive damages: Bigger is not Always Better
August 11, 2023 By Jonathon Clark We have written before about Punitive Damages. How much are they worth? In Canada, punitive damages are paid to Plaintiffs where the wrongdoer, in addition to causing actual (compensatory) damages, carried on in a way that was callous, highhanded, malicious or vindictive. They are further limited by the requirement […]
Excluding Witnesses
August 8, 2023 By Brian Babcock Ontario’s Rules of Civil Procedure provide for an order excluding witnesses who have not yet testified at trial. This order is made automatically at the request of any party. The purpose of the rule is to ensure that later witnesses do not tailor their evidence to match that of […]