Mining Exploration Permits and the Honour of the Crown: FAQ
June 6, 2022 By Brian Babcock What is the ‘honour of the Crown’? It is a constitutional duty to First Nations (or other Indigenous peoples) which springs from the ongoing process of reconciliation with Indigenous people, a process which is a moral, political, and legal obligation of the Crown. It is an obligation at the […]
A Sticky Wicket about Cricket
May 30, 2022 By Brian Babcock An arbitrator’s award must include reasons which explain clearly how the decision was made. This principle was reviewed and reinforced in the Ontario Superior Court decision of Alberta Cricket Association v. Alberta Cricket Council. The case involved a dispute between two groups competing to be designated as the Provincial […]
How Not to Do an Employment Investigation and Termination
May 30, 2022 By Brian Babcock A failure to do a proper investigation before terminating an employee, and then botching the termination, can lead to significantly increased damages payable by the employer to the employee. This is illustrated in the case of McGraw v Southgate (Township). The plaintiff was a volunteer fire fighter who held […]
Adjournments and Administrative Tribunals
May 23, 2022 By Brian Babcock Procedural fairness is a necessary requirement for any administrative tribunal hearing. However, that does not mean that the courts will uphold objections from parties in all cases a party feels they were unfairly treated. Procedural fairness has its limits. This includes the right to multiple adjournments of a hearing. […]
Can You Get That Deposit Back?
May 23, 2022 By Brian Babcock Sometimes real estate deals go sour and do not close. If you are the purchaser, that normally means that you are entitled to the return of the deposit you paid when the agreement was signed. One of the situations in which you may not get your deposit back is […]
Can a Suicide Note be a Will?
May 13, 2022 By Brian Babcock IF YOU OR A LOVED ONE ARE EXPERIENCING MENTAL HEALTH ISSUES AND MAY BE SUICIDAL, SEEK PROFESSIONAL HELP IMMEDIATELY. HEALTH ISSUES ARE BEYOND OUR SCOPE OF WORK, AND EVEN THE BEST LEGAL HELP IS LESS IMPORTANT THAN YOUR HEALTH. The short answer is “yes it can”, which is a […]
Taking Arbitration Clauses Seriously
May 13, 2022 By Brian Babcock Until now, arbitration clauses in your commercial contract have likely been one of those “boilerplate” provisions tucked away deep into the document, drafted by a lawyer but largely ignored by the clients. If you have not been giving the arbitration clause serious thought until now, it is time to […]
A Trustee’s Discretion is Not Absolute
May 8, 2022 By Brian Babcock Unfortunately, family members do not always get along, and this may affect the administration of your estate. What happens if this leads to trustees of your estate abusing their power? The traditional approach to reviewing duty of a discretionary trustee is to consider whether and when they should exercise […]
Not Every Good Cause is a Charitable Purpose
May 8, 2022 By Brian Babcock Charitable trusts are major exceptions to the rule that a trust must have a person or persons as beneficiaries. A charitable trust also receives favourable tax treatment, and is exempt from rules about accumulating income or holding property in perpetuity. We have discussed purpose trusts generally before, but a […]
Watch Out for Loose Connections
April 29, 2022 By Brian Babcock Lending agreements, and in particular guarantees, which come with their own subset of rules, need to be carefully drafted. Even sophisticated parties may find themselves in expensive and risky lawsuits if the language is not precise. Intercap Equity Inc. v. Bellman illustrates this risk and provides a degree of […]