What We Learned From Our First Zoom Trial
October 31, 2021 By Martha Petryshyn & Mark Lahn In early 2021, Weilers associate Martha Petryshyn conducted a five-day trial using the video conferencing software Zoom in the Ontario Court of Justice. Conducting an entire trial virtually was a new experience for the team here at Weilers. In this article, we would like to share […]
The Priority of Priming Charges Under The CCAA
October 31, 2021 By Brian Babcock A judge supervising an insolvency may, in some situations under the Companies Creditors Arrangements Act (CCAA) order that “priming charges” have the effect of giving priority to freshly advanced credit over debts incurred before the insolvency, including those of secured creditors, and the so-called deemed trust under the Income Tax […]
When the Contract is Silent about the Ending
October 31, 2021 By Brian Babcock When do your obligations under a contract end? Most contracts provide a specific date as a deadline for performance. Others end when the outcome – the service or delivery of goods – is finished. Occasionally, however, we encounter a contract that does not provide clearly for the obligations to […]
The Oppression Remedy and Mutual Falling Outs
October 22, 2021 By Brian Babcock The oppression remedy is NOT the solution to all corporate deadlock involving closely held private corporations. It is only available for conduct which is unfairly prejudicial to or unfairly disregards the interests of the other shareholder. It is not a good option to resolve mutual falling out situations. You […]
Waiver of Privilege Can Happen When You Least Expect It
October 16, 2021 By Brian Babcock Solicitor-client privilege is an important feature of our legal system. In order for you to have confidence to discuss your situations honestly with your lawyer, you want the assurance that what you say to them, and what they say to you, will remain confidential. Solicitor-client privilege has been called […]
Whose Property Is It? Certainty in Estate Planning
October 16, 2021 By Brian Babcock Except in very limited circumstances, in your will, you may only give away property that you own. This may seem obvious, but we see recurring cases where people fight over whether an asset was truly owned by the deceased person. The most typical disagreement is whether or not the […]
Peace of Mind: Certainty in Estate Planning
October 4, 2021 By Brian Babcock Sometimes a will leaves it unclear “what property is in the trust?” This is particularly important where your will creates a trust in favour of one person for life, with the remainder going to other persons. Ambiguity creates a variety of issues. One of these is illustrated in the […]
Home Field Advantage: Can you sue for that in Ontario?
October 4, 2021 By Brian Babcock Ontario courts are usually very liberal about questions of jurisdiction to sue in Ontario. The general test is that there must be a ‘real and substantial connection’ between Ontario and the claim against the defendants (the people being sued). Where the plaintiff (the person suing) and at least one […]
Taking Indigenous Property Rights Seriously
September 27, 2021 By Brian Babcock Courts typically make injunctions to protect property rights available more easily than injunctions in other situations, such as breach of contract, or labour disputes, because “property rights are sacrosanct”. A different attitude appears to apply when it comes to efforts by First Nations or Indigenous groups to protect traditional […]
Who are Your “Friends”? Certainty in Estate Planning
September 27, 2021 By Brian Babcock A valid trust requires what are called the “three certainties” – certainty of intention to create a trust, certainty of subject matter (what property is in the trust?), and certainty of objects (who are the beneficiaries?). This applies to most gifts in wills, where the property is usually transferred […]