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 […]
Municipal Bylaws and Injunctions: a Brief Update
August 4, 2023 By Mark Mikulasik We have written before about the advantages that municipalities have in enforcing bylaws through injunctions. Superior Court judges have relaxed the test to grant an injunction in a number of cases, but they have not gone about it in exactly the same way. THE ISSUE The source for consistency […]
The Duty to Report a Claim
August 2, 2023 By Jonathon Clark If you or your business has a potential claim under your insurance policy, you are required to notify your insurer as soon as possible. This is seldom a problem for property insurance claims since you would want to notify the insurer so that they can investigate and write you […]
Too Much to Ask Revisited
July 24, 2023 By Brian Babcock THE ISSUE There is a reason why most of our case comment articles feature cases from the Ontario Court of Appeal or even the Supreme Court of Canada. Decisions of the Superior Court of Justice, as much as they can be interesting and informative, are subject to being overturned […]
Do Employers Have a Right to Layoff Employees?
July 21, 2023 By Brian Babcock Can an Ontario employer lay off a nonunionized employee? In most situations, the answer is “no.” THE ISSUE For the employer to be able to lay off the worker without risk of the worker claiming that they have been dismissed, the employment contract or agreement must contain an express […]
Estate Trustees and the Explosion of Litigation
July 4, 2023 By Jonathon Clark In a recent article, we focused on how terminology can confuse even sophisticated people as to the difference between various sorts of trustees. That article emphasized the importance of understanding your role. THE ISSUE But should you agree to act? THE CASE If you are named as an estate […]