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 […]
Another Reason Not to Sit on Your Rights
December 12, 2021 By Brian Babcock For some reason, a lot of lawyers, and a lot of clients, seem to think that waiting until the last possible moment to start a law suit is a good idea. We have written before about some reasons why this is a bad idea. No one needs an argument […]
Rationality, Reasons and Human Rights
December 5, 2021 By Brian Babcock If an administrative tribunal makes a decision against you that makes no sense to you, go not give up right away. It may be possible to go to court and have it overturned. An administrative tribunal, in order to make a decision which will withstand judicial review, must make […]
Human Rights Settlements: Contravention May Cost You
December 5, 2021 By Brian Babcock What happens if a party to a human rights settlement fails to perform the non-monetary terms of the settlement? The was the question recently considered by the Ontario Human Rights Tribunal (HRTO). It is very common, if not universal, for human rights settlements to contain non-monetary terms – things […]
Notice Required Before Asset Seizure
November 29, 2021 By Brian Babcock Secured creditors must give notice before seizing the assets of the debtor. This principle was reaffirmed by the Ontario Court of Appeal in 1758704 Ontario Inc. v. Priest. The dispute arose from as asset purchase, under which the purchase price was paid by a promissory note secured by a […]
Trusts and Ethical Investing
November 29, 2021 By Brian Babcock Whether you are establishing a trust (by will or while alive), are a beneficiary, or are a trustee, one of the issues of concern might be the trustee’s duty to invest. What investments are allowed? In particular, what if you, whether settlor, trustee or beneficiary, holds strong views either […]
Constructive Dismissal or Workplace Injury?
November 21, 2021 By Brian Babcock It is well established law that a worker cannot sue their employer (or coworkers) for a workplace injury covered by worker’s compensation. But until this case, few if any cases involved a claim for mental stress. The employer brought an application to the Workplace Safety and Appeal Tribunal to […]
Sometimes Termination Clauses Are Effective
November 21, 2021 By Brian Babcock We have written extensively warning employers about relying upon the terms of a termination clause in an employment contract. Judges feel a need to protect employees who are vulnerable and have limited bargaining power when it comes to the terms of a contract. Often, an employee eager to take […]
Royalty Agreements – Arbitrate or Litigate?
November 13, 2021 By Brian Babcock Despite the complexity of mining royalty agreements, if they contain an arbitration clause, Ontario courts are likely to stay any court proceedings and defer to arbitration. This is consistent with the recent trend to defer commercial disputes to arbitration generally, if that is what the parties agreed to in […]
Answering the Right Question
November 13, 2021 By Brian Babcock An administrative decision maker must form a reasonable opinion, but that opinion must also answer the correct question under the governing statute and regulations. A court conducting judicial review will not decide the question fresh and substitute its own view as to what is the correct answer. That is […]