Arbitrators and Bias
December 21, 2023 By Brian Babcock One ground to object to the selection of a decision maker- be they judge, be they arbitrator – is “a reasonable apprehension of bias. When it comes to judges, this is a very high standard to meet, as judicial resources are scarce, and courts hate “judge shopping”. Or maybe […]
Mining Arbitrations Can Be Frustrating
December 14, 2023 By Nick Melchiorre Courts in Ontario will usually defer to arbitrators and are reluctant to second guess their decisions. We have written about this before. ISSUE Where does the court draw the line? Courts will act to ensure that arbitrators apply the correct law, especially on arbitrations under the Arbitration Act 1991 […]
Slapping Down SLAPPs
December 12, 2023 By Brian Babcock Section 137.1 of the Courts of Justice Act is the provision which permits “Anti-SLAPP” motions. SLAPP stands for “Strategic Litigation Against Public Participation”. Public debate on matters of public interest is a part of our Charter Right of Freedom of Expression. This must be balanced against the rights of […]
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 […]