Enforceability of Arbitration Clauses in Employment Agreements
August 16, 2021 By Brian Babcock It may be that not all arbitration clauses in employment contracts are unenforceable. The Supreme Court of Canada decision in Uber Technologies v Heller has attracted a lot of attention for declaring that the particular arbitration clause in the Uber agreement was invalid because it was unconscionable. At a […]
Relief from Forfeiture and Racism in Leasing
August 16, 2021 By Brian Babcock Racially tainted reasons to deny a commercial tenant a renewal of their lease can result in relief from forfeiture and an order extending the term of the lease for the renewal period, even without evidence of conscious racial motivation. The Ontario Court of Appeal has upheld a lower court […]
Limiting claims for breach of privacy?
August 11, 2021 By Brian Babcock Privacy rights are fundamentally important. This has been confirmed by the Supreme Court of Canada in Douez v. Facebook, Inc where privacy rights are described as having “quasi-constitutional status”. That decision dealt with claims of breaches of British Columbia’s Privacy Act, not common law claims for damages in tort. […]
Judgment after Default
August 11, 2021 By Brian Babcock You sue somebody because they owe you money, or have caused you damages. They do not defend. What do you do next? The answer depends upon the nature of your claim. If you have a “liquidated claim”, you note the defendant in default, file some documents, and the Registrar […]
Municipal Misrepresentations in the Zoning Process
August 6, 2021 By Mark Mikulasik A real estate developer cannot sue a municipality for its increased costs if the information supplied by the municipality about an easement abutting the property is incorrect. This is the result of the decision of the Ontario Court of Appeal in Charlesfort Developments Limited v. Ottawa (City) . The […]
Punitive Damages and Workplace Injuries
August 6, 2021 By Brian Babcock Punitive damages might not be as limited as suggested by our recent articles on the subject. The Ontario Court of Appeal decision in Eynon v. Simplicity Air Ltd. is a useful reminder that each case turns on is own facts, and the facts of that case are startling. Outrageous […]
Accommodation in Scheduling and Family Status
July 26, 2021 By Brian Babcock The duty to accommodate exists to make equality in employment truly equal. It is a violation of the Ontario Human Rights Code to fail to take proper steps to assess an employee’s Code-related needs. A common issue in workplaces that receives little attention in cases is the difficulty that […]
Probate and the Open Court Principle
July 26, 2021 By Brian Babcock Did you know that if your estate requires probate, your intimate financial and personal details may become public record? This has recently been confirmed by the Supreme Court of Canada in Sherman Estate v. Donovan. This estate has some notoriety. Barry and Bunny Sherman were wealthy Torontonians. He founded […]
Does “Repair” Mean “Replace”?
July 14, 2021 By Brian Babcock Most commercial leases contain clauses that describe the respective responsibility of the landlord and the tenant to repair or replace parts of the building. There is no single standard clause, because buildings and relationships differ. Sometimes these clauses are negotiated, but sometimes a drafter simply inserts a precedent from […]
Municipal Liability as Employer Under OHSA
July 14, 2021 By Brian Babcock Owners, constructors, employers, supervisors and workers all have different roles and responsibilities under the Ontario Occupational Health and Safety Act (OHSA). The more hats you wear, the more potential there is for liability. What might surprise some municipal leaders is the extent of a municipality’s exposure as an employer. […]