What is the Duty of Even-handedness?
June 13, 2023 By Brian Babcock If you are a trustee, such as an estate trustee, you have a wide variety of duties that you owe to the estate and the beneficiaries. One of these is the duty of even-handedness, sometimes no one has the duty of impartiality. The will or other document setting up […]
Evidence in the Internet Age
June 8, 2023 By Brian Babcock We live in an information age where knowledge is readily accessible. If we want to know something we just Google it or ask Siri. THE ISSUE But is this good enough for evidence in the Superior Court of Justice? THE CASE The answer is “sometimes” or “maybe.” The Ontario […]
Is It a Lease or a License?
June 6, 2023 By Mark Mikulasik A license is a form of contractual agreement such as an agreement which allows the use of property or of a portion of a property by the individual or business receiving the license. It differs from a lease in that a license does not give the same exclusivity of […]
Contracts as to Legal Costs
June 1, 2023 By Jonathon Clark Ontario, like most of Canada, follows the British tradition of requiring a losing party to reimburse the winning party a portion of their legal expenses after a trial. This differs from the American tradition. How much of the actual legal costs should be awarded as court costs payable by […]
More Corporate Fun And Games
May 29, 2023 By Nick Melchiorre If you end up in a dispute with your fellow shareholders in a closely held private corporation, it pays to be well behaved. We looked at that previously in the context of seeking an oppression remedy. THE ISSUE But what about an injunction to compel your fellow shareholder to […]
Capital Punishment For A Breach Of Privilege?
May 26, 2023 By Brian Babcock Privilege is a serious matter, as we have explained before. ISSUE But what penalty should be imposed when one party intentionally and seriously violates the privilege of another? THE CASE In Continental Currency Exchange Canada Inc. v. Sprott, the Ontario Court of Appeal imposes a form of judicial capital […]
Administrative Appeals May Be Premature
May 25, 2023 By Nick Melchiorre Timing can be everything. THE ISSUE If you are on the wrong end of an administrative decision and have a right to appeal, make sure that you do it at the correct time or you may waste time, money, and energy by having to start all over again. THE […]
Taking Shareholder Agreements Seriously
May 19, 2023 By Jonathon Clark If you incorporate your privately held business, your lawyer will probably advise both you and the other shareholders to enter into a unanimous shareholder agreement. This usually includes a buy-sell provision. Typically, our clients file away these documents and forget them, until one day, they pulled it out and […]
Taking Trial Dates Seriously
May 19, 2023 By Brian Babcock Getting your pleadings right in a timely fashion is an important, if often neglected, part of managing your lawsuit. If you do not, you may lose your trial date or have your amendment rejected. THE ISSUE The Court of Appeal has provided us with a fresh example in a […]
Who Is More Innocent?
May 5, 2023 By Brian Babcock The moral high ground strikes again. THE ISSUE Though the phrase is seldom used explicitly in judgments, the centrality of this concept to equity is the silent explanation of the result of many civil cases. THE CASE This is once again demonstrated by Canadian Imperial Bank of Commerce v. […]