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 […]
Transitioning from Small Claims Court to Superior Court
June 29, 2023 By Brian Babcock You start a law suit in Small Claims Court for damages under $35,000.00. THE ISSUE Later, you realize that: Damages are not an adequate remedy. You need perhaps an injunction, or specific performance, or rectification of a contract. These are equitable remedies not available in Small Claims Court. Or […]
Reasonable Notice and the Changing Substratum
June 26, 2023 By Brian Babcock The Ontario Court of appeal continues to favour employees when it comes to the interpretation of termination clauses in employment contracts. THE ISSUE The latest issue is the question of what happens when an employment contract is signed at the commencement of employment, but the termination occurs years later […]
When Do You Know That It Is Appropriate to Commence a Proceeding?
June 21, 2023 By Brian Babcock Ontario’s Limitations Act, 2002 incorporates the concept of discoverability. Although in most situations, you are presumed to have discovered your claim on the date of your injury or breach of contract, if you are unaware of the facts, the time limit to sue (usually two years) may be delayed. […]
Removal of Trustees
June 20, 2023 By Mark Mikulasik What happens when a trustee must be removed, whether due to ill health, misconduct, or other good reason? And who determines what is a good reason? We touched on this topic before in an article on selection of trustees, but thought it deserves more attention. The law in Ontario […]
“Irrevocable” May Really Mean Irrevocable
June 15, 2023 By Mark Mikulasik If you sign an irrevocable direction to pay money to another person, or are the person subject to the direction to pay, you should take it seriously. THE ISSUE An irrevocable direction may create a contract between the person signing the direction and the beneficiary of the direction, and […]
What is the Duty of Even-handedness?
June 13, 2023 By Brian Babcock If you are a trustee, such as an estate trustee, you have a wide variety of duties that you owe to the estate and the beneficiaries. One of these is the duty of even-handedness, sometimes no one has the duty of impartiality. The will or other document setting up […]
Evidence in the Internet Age
June 8, 2023 By Brian Babcock We live in an information age where knowledge is readily accessible. If we want to know something we just Google it or ask Siri. THE ISSUE But is this good enough for evidence in the Superior Court of Justice? THE CASE The answer is “sometimes” or “maybe.” The Ontario […]
Is It a Lease or a License?
June 6, 2023 By Mark Mikulasik A license is a form of contractual agreement such as an agreement which allows the use of property or of a portion of a property by the individual or business receiving the license. It differs from a lease in that a license does not give the same exclusivity of […]
Contracts as to Legal Costs
June 1, 2023 By Jonathon Clark Ontario, like most of Canada, follows the British tradition of requiring a losing party to reimburse the winning party a portion of their legal expenses after a trial. This differs from the American tradition. How much of the actual legal costs should be awarded as court costs payable by […]