Marriage, Separation, and Your Estate Plan
April 9, 2022 By Brian Babcock Are you married? About to be married? About to become separated or divorced? Already separated but not divorced? If you answer any of these questions “yes”, you need to be aware of changes to Ontario’s Succession Law Reform Act that came into effect on January 1st 2022. Prior to […]
What is Promissory Estoppel?
April 2, 2022 By Brian Babcock Promissory estoppel is the legal system’s version of “no backsies”. More formally, it is an equitable defence designed to protect you if another person attempts to back out of a promise after you have changed your legal position in reliance upon the promise. In Trial Lawyers Association of British […]
When Will Air Rights Be Subject to an Implied Easement?
April 2, 2022 By Mark Mikulasik Implied easements are granted very rarely, and air rights are seldom the issue, so a case addressing the combination is bound to attract attention. Add a popular shopping mall battling the City of Toronto, and you have a case we need to write about, and you may want to […]
What a Nuisance!
March 26, 2022 By Brian Babcock You probably had not heard of the criminal offence of “mischief” prior to the Freedom Convoy blockade in Ottawa. You now may have learned that in law the word “mischief” has a different meaning that in everyday conversation. The same is true of the term “nuisance”, although as with […]
Nothing but the Facts: A Story About Interpreting Contracts
March 26, 2022 By Brian Babcock It is dangerous to fall in love with an attractive legal quotation and expect that it will decide your case in your favour. Most lawsuits are ninety per cent about the facts and only ten per cent about the law. That is a truism that I was taught many […]
What is a Fiduciary?
March 26, 2022 By Brian Babcock “What is a fiduciary?” is even harder to answer than “What is a Trust?”. In the case of both related concepts, there is no single definition that is generally accepted. Instead, we are given descriptions, examples, or tests to determine whether one exists. Unlike trusts, which have been recognized […]
What is a Certificate of Appointment? And do I need one?
Updated March 24, 2022 By Margaret Waddington What is a Certificate of Appointment? A Certificate of Appointment of Estate Trustee with a Will (or Without a Will) used to be referred to as “Letters Probate” and is sometimes referred to as an Estate Certificate. The Certificate of Appointment is a process where the court reviews […]
How to Develop a Disconnecting From Work Policy
March 21, 2022 By: Mark Lahn In December 2021, the Working for Workers Act, 2021 came into effect. One key change that this legislation made is the requirement for certain workplaces to implement a disconnecting from work policy. News and social media commentary about the legislation made sweeping headlines such as “It’s Now Illegal For […]
Another Sign of Hope for Employers?
March 18, 2022 By Brian Babcock If you are an employer, you might well be frustrated by the attitude of the courts towards the enforcement of termination clauses in contracts. Of course, even though we have commented previously on how the courts, often for good reason, favour employees in the interpretation of employment contracts, you […]
“What Does That Mean?”
March 18, 2022 By Brian Babcock Never hesitate to ask someone who wants you to sign a contract what the terms actually mean – even if it is your own lawyer or realtor. Understanding what you are signing is important not only because you are assumed to have understood and agreed, but your questions might […]