A Trust with a Purpose
March 3, 2021 By Brian Babcock As discussed in our article What is a Trust?, a trust usually requires one or more beneficiaries – people who are entitled to the benefits of the property legally owned and controlled by the trustee. Sometimes, however, people who create a trust wish to do so to benefit a […]
Termination Clauses and Construction Workers
March 3, 2021 By Brian Babcock Ontario Courts REALLY dislike termination clauses in employment contracts which attempt to limit how much an employee may receive upon termination. I have written on this topic previously. Another recent case is a fresh example that makes this point even more clear. The construction industry is known for its […]
Unincorporated Associations and Trusts
February 21, 2021 By Brian Babcock Unincorporated associations are very common creatures. Most of us belong to them at some stage. Sports teams, clubs, and homeowners associations are just a few examples. You likely do not realize that in the eyes of the law, unincorporated associations do not exist. As Justice Eileen E. Gillese puts […]
All the Proper Parties
February 21, 2021 By Brian Babcock Suing the proper parties is important. If you sue the wrong party, you might not get a judgment. If you name them wrong, collecting on your judgment might be difficult, even impossible. This might seem obvious, yet we continually see reports of cases where Plaintiffs seek permission to add […]
What is Proprietary Estoppel?
February 14, 2021 By Brian Babcock Proprietary estoppel is an equitable doctrine which developed historically to prevent people from reneging on promises related to interests in land. The Statute of Frauds requires any dealing with interests in land to be in writing. In real life, people sometimes do not comply with this rule; if a […]
Clarifying the Need for Honest Performance of Contracts
February 14, 2021 By B. Paul Jasiura The duty of honesty in the performance of a contract applies to all contracts and means “simply that parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract”. This quotation from the 2014 decision of the Supreme Court […]
Specific Performance and Frustration
February 8, 2021 By Brian Babcock Even during a pandemic, the inability to obtain financing may not allow a buyer to walk away from a contract. An order for specific performance compelling the buyer to complete the deal may be the result. This is a cautionary tale about when you should decide to be a buyer, […]
Parks, the Public Interest and Pandemics
February 8, 2021 By Brian Babcock When did your municipality last review how its parks by-law serves the public interest? Covid-related concerns were not enough reason to disregard a municipal by-law regulating parks. In doing so, the decision highlights important factors applicable to public interest injunctions generally, in particular the use of expert evidence and how […]
Compensation & Reconciliation
January 31, 2021 By Brad Smith We await with interest the upcoming Supreme Court of Canada decision in Southwind v. Canada, an appeal from the Federal Court of Appeal argued in December 2020. Getting this right could be a strong step towards reconciliation. As described on the Supreme Court website: In an action initiated in 1991, […]
Trusts or Powers?
January 31, 2021 By Brian Babcock No, not a super hero story. We have discussed what a trust is, and compared it to various other relationships in earlier articles. A trustee always is given certain powers, whether by will, other document creating the trust, or under the Trustee Act. Common powers include the powers to invest, […]