Building Permit Liability
May 17, 2021 By Brian Babcock Note: The Ontario Court of Appeal has since ruled on the case discussed in this article. Please see “Building Permit Liability Update” for an updated discussion. Municipalities may have hidden liability risks lurking in old building permit files. A Superior Court judge, in Breen v. Lake of Bays (Township), […]
That’s Absurd!
May 17, 2021 By Brian Babcock An agreement of purchase and sale of real estate, like any contract, will be interpreted in a way which does not lead to an absurd result. In Joo v. Tran, the standard form agreement provided that the sellers would discharge any encumbrances, save and except minor utility easements. However, a […]
Absolute Discretion and the Duty of Good Faith
May 10, 2021 By Brian Babcock Absolute discretion under a contract is not always absolute. The Supreme Court of Canada continues to develop the law relating to the duty of good faith in the performance of a contract. In Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, the parties had a long term […]
Specific Performance Made Easy?
May 10, 2021 By Brian Babcock For centuries, the primary remedy when an agreement of purchase and sale did not close was “specific performance” – a judgment of the court requiring the deal to be completed. Then, in 1996, the Supreme Court of Canada made reference to the fact that even residential homes are often […]
Mitigation Efforts Must Be Reasonable
May 5, 2021 By Brian Babcock Mitigation is the legal term that reflects the obligation of any Plaintiff to take all reasonable steps to reduce their loses. This results in savings for the at fault defendants. Mitigation after termination of an employee is often an issue that the employer feels strongly about. Typically, however, most […]
Is it a Gift?
May 5, 2021 By Brian Babcock If you want to avoid having your estate consumed in lengthy and expensive law suits, you need to take care that your intentions are clear. Sometimes the most important estate planning that you do takes place outside your lawyer’s office. In those circumstances especially, making your intention clear is […]
Employees and the Oppression Remedy
April 30, 2021 By Brian Babcock Terminated employees generally are not “complainants” who are allowed to bring a claim for an oppression remedy under the Ontario Business Corporations Act section 248. We have written recently on the topic of the oppression remedy, and especially the need to demonstrate “reasonable expectations” which have been ignored. Before […]
Whistleblowers and Private Interests: Who do you trust?
April 30, 2021 By Brian Babcock Non-beneficiaries are not allowed to sue to enforce trusts. This includes an ex-employee of a corporate trustee. The Court of Appeal affirmed this in a judgment which reviews many essential concepts of trusts law and remedies, but should also be of interest to any employers at risk of extraordinary […]
Reasonable Expectations Cannot Be Ignored
April 15, 2021 By Jonathon Clark Minority shareholders in a closely held private corporation may be entitled to have a reasonable expectation of sharing in the management and operation of the business, regardless of their employment status. Family businesses can be wonderful joint adventures, until events occur which shatter those bonds. LDS Capital Corporation v. […]
Bond Trustees Do Have Duty to Inform
April 15, 2021 By Brian Babcock A trustee has a duty to inform beneficiaries of the existence of the trust where failure to do so might result in the beneficiary suffering a loss. Failing to fulfill his duty may result in the trustee being required to make good the beneficiary’s losses. This principle is noteworthy […]