Commercial Insurance Is Not All The Same
February 15, 2024 By Jonathon Clark Have you read your commercial general liability policy? Coverages under these policies vary significantly. Unlike auto policies they are not uniform. Even homeowners policies are usually similar. CGLs vary company by company. Even the same company may issue different policies to cover different risks. THE ISSUES The wordings may […]
Time Limits and Judicial Review
February 13, 2024 By Mark Mikulasik Beware the time limit to apply for judicial review of an administrative decision. The Judicial Review Procedures Act provides that “an application for judicial review shall be made no later than 30 days after the date the decision or matter for which judicial review is being sought was made […]
How Clean Must Your Hands Be
February 8, 2024 By Nick Melchiorre In a previous article, we explained the concept of “clean hands” and how equity will not assist someone who the court decides had “unclean hands”. This brings back memories of debates with mothers over just how clean hands had to be. The Ontario Court of Appeal considered this in […]
What Is Spoliation?
February 6, 2024 By Brian Babcock Spoliation is the legal term for the intentional destruction or concealment of relevant documents, in a lawsuit, or when you expect a lawsuit. It is well-established in Ontario and elsewhere in Canada that this is at least a rule of evidence which gives rise to a rebuttable presumption that […]
Exceptional Circumstances In Employment Law
February 1, 2024 By Brian Babcock Employees in Ontario dismissed without cause are entitled to reasonable notice of termination or pay in lieu of notice. It is established law that in the absence of “exceptional circumstances”, the maximum award should be 24 months’ notice or pay. THE ISSUE The reliability of this “rule” is called […]
The Growth Of The Duty Of Good Faith
January 30, 2024 By Nick Melchiorre The duty of good faith performance of contracts continues to be defined by the courts. A recent Ontario Superior Court judgment applies it to minutes of settlement in a matrimonial dispute. It also applies it more broadly to the exercise of discretion under the agreement. THE CASE In Bross […]
What Is An Equitable Mortgage?
January 25, 2024 By Mark Mikulasik An equitable mortgage differs from a legal mortgage but has somewhat similar effects. As the Ontario Court of Appeal states, an equitable mortgage is “meant to enforce ‘a common intention of the mortgagor and mortgagee to secure property for either a past debt or future advances, where that common […]
An Oppression Remedy Is An Equitable Remedy
January 23, 2024 By Jonathon Clark The terms of an employment contract will not override the reasonable expectations of a substantial shareholder under the oppression remedy. THE CASE The Plaintiff in Pereira v. TYLT Technologies Inc. (TYLTGO) was a co-founder of the corporation’s business. Though he and his co-shareholder had agreed to sell the business […]
Appealing With Leave
January 18, 2024 By Mark Mikulasik An order of the Ontario Land Tribunal may be appealed to Divisional Court, on a question of law only, and only with leave of the court. THE ISSUES 2541005 Ontario Ltd. v. Oro-Medonte (Township), et al., looks at two important issues: When is it premature to seek leave? What […]
Love’s Labour Lost
January 16, 2024 By Nick Melchiorre Take care when blending personal relationships with business. That is the moral of the story in Gojkovich v Buhbli Organics Inc.,, an oppression remedy case between two former lovers. THE ISSUE The applicant started a small business which she expanded during their relationship largely due to the expertise of […]