Jurisdiction and Human Rights: Looking Beyond the Headlines
January 30, 2022 By Brian Babcock Note: An Ontario Human Rights Tribunal has since ruled on this matter in the Ontario context. Please see “Jurisdiction and Human Rights: An Ontario Perspective” for an updated discussion. “Arbitrators have exclusive jurisdiction over human rights cases if there is a collective agreement” is the sort of headline that […]
What’s in a Name? A Business Name that is…
January 24, 2022 By Mark Mikulasik In Ontario, any person or corporation carrying on business under any name other than their own name is required to resister that name under the Business Names Act. This makes sense. It should be easy to know who you are doing business with. In addition to registration, you are […]
Dealing With Default
January 24, 2022 By Jonathon Clark Ontario’s legal system strongly favours having disputes resolved on their merits, not as a result of technical rules. For that reason, our courts are given wide powers to excuse non-compliance with the rules. This includes the power to set aside a default judgment and allowing the defendant to file […]
Protecting Your Settlement Privilege
January 23, 2022 By Brian Babcock “Privilege” is a word that the law uses differently than ordinary English, but to a lawyer, it is one of the most important ways that you can protect your privacy and confidentiality. “Solicitor-client privilege” protects communications with your lawyer. Although not absolute, it is highly protected by the courts, […]
Yet Another Reason Not to Sit on Your Rights
January 23, 2022 By Brian Babcock We have written before, more than once, about why waiting until the last moment to start your lawsuit is a bad idea. And yet, there are still new examples of how the time limit may be missed. These cases do not necessarily just involve small losses, or unsophisticated clients. […]
Is That Marriage Valid?
January 15, 2022 By Margaret Waddington You might think that in the 21st century, we no longer need worry about whether a marriage is valid – it seems like that question should be limited to an inconvenient plot point about a couple waking up in Vegas… oh, sorry, that was an episode of The Big […]
Is that Order Final or Interlocutory?
January 15, 2022 By Brian Babcock You might look at this title and start by wondering “what does ‘interlocutory’ mean?” Good question, one that a lot of lawyers and judges still struggle with. Also an important question if you want to appeal a Superior Court order or judgment. Because the correct appeal route – that […]
New Limits on Planning Appeals Treated Seriously
December 29, 2021 By Brian Babcock The Ontario legislature has struggled for years for ways to streamline and simplify the planning process, including appeals, in a way that respects public interest but does not prevent orderly development. Various techniques have been tried: introducing provincial policy statements (PPS) to guide local decision making making compliance mandatory […]
Should You Represent Yourself in Small Claims Court?
December 29, 2021 By Brian Babcock Small Claims Court is intended to be a simple source of access to justice. For decades, that has meant that many, if not most, parties (other than debt collectors) represented themselves. But this idea started when Small Claims were truly small. For much of the province, that meant $400.00. […]
The Public Interest and Liquor Licences
December 12, 2021 By Brian Babcock Prohibition may be a distant memory, but it is not forgotten, with its history in Thunder Bay a fond memory of the rumours that the Bronfman family, of Seagram’s fame, allegedly built tunnels from the Marina Inn (on the location of the current government building) under the train tracks […]