Can you appeal court costs?
February 24, 2023 By Jonathon Clark In Ontario it is normal that a successful party in a lawsuit is awarded a portion of their legal expenses as court costs following a trial, motion, or other event. THE ISSUE You are most likely aware that most final judgments are subject to appeal to the Court of […]
The Importance of Written Agreements in Oppression Remedy Cases
February 19, 2023 By Jonathon Clark We have written a number of articles on the oppression remedy so you may be thinking that there must be nothing left to say. THE ISSUE Except, we have yet to write about a case emphasizing the importance of written agreements in resolving the fallout of an oppression claim. […]
What About Innocent Misrepresentation?
February 19, 2023 By Nick Melchiorre We have previously written about fraudulent misrepresentation, often simply called fraud or civil fraud, and its ugly stepsister, negligent misrepresentation. THE ISSUE But what happens when the opposite party in a contract induces you to enter into the contract with a representation that is false, but which they believe […]
Is Adverse Possession Dead In Ontario?
February 10, 2023 By Mark Mikulasik Don’t take adverse possession off life support yet. THE ISSUE Most lawyers in Ontario assumed that adverse possession – the ability to obtain the rights of an owner of land by possessing it as if you were the owner – would have vanished by 2022. Ontario has transitioned almost […]
Building a Record for the Appeal
February 10, 2023 By Brian Babcock What just might be worse than losing your case at trial? Winning the case and then having to go back to try it all over again because not only does the Court of Appeal grant the appeal, but they also decide that the factual record from the trial is […]
Think Before You Terminate
February 4, 2023 By Brian Babcock Be careful not to terminate an employee by accident. The surest way to accidentally terminate an employee is to give them a notice of termination. This may sound obvious, yet the case ended up at the Ontario Court of Appeal. Getting sound professional advice BEFORE terminating may prevent expensive […]
What Is Negligent Misrepresentation?
February 4, 2023 By Jonathon Clark We have mentioned the phrase “negligent misrepresentation” in several articles so far. We have yet to discuss negligent misrepresentation in an article specifically dedicated to the subject. That probably leaves some of you wondering “what is negligent misrepresentation?”, either because you landed here by Googling the term or because […]
A Million Dollar Parking Ticket?
January 27, 2023 By Mark Mikulasik THE ISSUE No, not really a million-dollar parking ticket. Just a million dollar fine for civil contempt arising from a dispute about illegal parking. The hurt in your pocketbook would be just as painful. THE CASE In Caledon (Town) v. Darzi Holdings Ltd., the individual appellant’s construction company improperly […]
To Win, You Need Evidence
January 27, 2023 By Nick Melchiorre Leaving a judge in a quandary is never a good thing. Lawsuits over aborted real estate transactions seemed to be popping up almost as often as estate litigation these days. This is particularly true in the Greater Toronto Area and the Golden Horseshoe, but it’s bound to be on […]
What Is “Total Disability?”
January 20, 2023 By Nick Melchiorre The phrase “total disability” is used frequently in government benefits and private disability insurance plans. But how do you know whether you, your employee, or a loved one is totally disabled? The first thing to know is that the determination will depend primarily on the particular legislation, plan, regulation, […]