Taking Entire Agreement Clauses Seriously
January 7, 2023 By Mark Mikulasik Chances are that at some time you have signed a contract containing an “entire agreement” clause. Entire agreement clauses are found in all sorts of contracts ranging from residential real estate to multimillion dollar commercial transactions, typically found at or near the end of legal documents. Lawyers call this […]
Mitigation In Employment Law Revisited
January 7, 2023 By Brian Babcock Mitigation is one of those odd words used in law that most people are not instantly comfortable with. Odds are though that you are aware at least vaguely that when somebody is let go from their job, they have an obligation to look for new employment rather than simply […]
What Is Your Objective?
December 30, 2022 By Brian Babcock If you, like many or most of our clients, are in business, you probably measure success by profit. However, there are always alternative measures that may apply. You may be more interested in growth at this moment than you are in immediate profit. You may be more concerned about […]
Saving The Value of Your Investment Is Not Oppression
December 30, 2022 By Brian Babcock We have written a series of articles about the oppression remedy as a solution to shareholder disputes in closely held private corporations, particularly where there is deadlock, fraud, or other causes of relationship breakdown making the continued relationship between the shareholders impossible. As we have written before, not every […]
Criminal & Civil Contempt and Intent
December 28, 2022 By Jonathon Clark We have written before about contempt of court, and its importance in maintaining respect for the administration of justice as well as to promote the enforcement of court orders. To refresh your memory, the elements of contempt are: the order alleged to have been breached “must state clearly and unequivocally […]
Hearsay Overheard
December 28, 2022 By Nick Melchiorre Does your voice carry? I know mine sure does. I am known for being the opposite a very quiet speaker. THE CASE In R. v. Schneider, the accused was charged with second degree murder after the victim’s body was recovered by police in a hidden suitcase following a tip from […]
The Law of Sleep
December 18, 2022 By Brian Babcock In Canada, and most of the world, laws influence everything that we do or are not supposed to do. Laws seem to be everywhere. You can Google “ the law of… [insert any word or phrase]” and be confident of getting many hits from serious to silly. THE ISSUE […]
Can You Get That Deposit Back? Part Three
December 18, 2022 By Brian Babcock We have written before about the question of when you can get your deposit back on a failed real estate transaction. New examples continue to come forward. THE ISSUE In many situations, financing a property will be difficult because the purchase price may exceed the appraised valuation upon which […]
Virtual Hearings Are Here To Stay
December 18, 2022 By Brian Babcock I hope that we can all agree that the pandemic was mostly terrible. However, there were some bright spots of change. THE ISSUE As we emerge from the pandemic, even if COVID joins the list of viruses to be avoided at less than pandemic levels, one of the questions […]
Sibling Rivalry in Estate Planning
December 11, 2022 By Fhara Pottinger This article is not about a specific case. Rather, it is about a disturbing trend in estate disputes and estate litigation that has been observed not only by our law firm, but by many law firms dealing in the field. THE ISSUE What we are seeing is a distressing […]