Errors of the Parents
September 29, 2020 By Brian Babcock According to a recent Superior Court decision in estate litigation “the errors of the parents are oft visited on their descendants.” Disagreements created by bad estate planning decisions often lead to costly law suits which do nothing to promote family harmony. There is a reason why Charles Dickens’ classic novel […]
“To Sue or Not to Sue?” That is the Question
September 23, 2020 By Brian Babcock “I was never ruined but twice: once when I lost a lawsuit, and once when I won.” So said the French writer Voltaire, commenting upon the cost of winning a law suit. As litigation lawyers, we love taking on your law suits. For most of us, a day in court […]
Human Rights and Arbitrations
September 23, 2020 By Brian Babcock May unhappy unionized employees take a grievance to an arbitrator, and at the same time apply to a human rights tribunal? Allowing two proceedings to address the same or similar complaints is inefficiency, both in terms of cost and the risk of inconsistent rulings. In Ontario, this problem is reduced […]
FIT Suppliers Beware
September 8, 2020 By Mark Mikulasik The Government of Ontario appears to be serious about strictly enforcing and interpreting energy contracts. The recent Ontario Court of Appeal decision in Grasshopper Solar Corporation v. Independent Electricity System Operator upheld this approach in a FIT contract where the supplier was unable to meet the contractually agreed upon […]
Respecting Rights is not just Right, It is Good Business
September 8, 2020 By Brian Babcock Racism is not only wrong, it can be costly. A recent Human Rights Tribunal of Ontario decision, Graham v. Enterprise Rent A Car Canada Company representing Enterprise, Alamo, and National Car Rental, illustrates that subtle or systemic racism still arises in everyday commonplace transactions, despite being contrary to the Human […]
What is Judicial Review?
August 26, 2020 By Brian Babcock Judicial review is a process by which courts supervise decisions of administrative bodies, to make sure that the decisions are fair, reasonable, and consistent with the law. If a person (or corporation) is dissatisfied by an administrative decision, they may have a right of appeal, or may apply for judicial […]
Assignment of Contracts and Good Faith
August 21, 2020 By Brian Babcock Does an agreement that requires consent to its assignment carry with it an implied understanding that consent will not be unreasonably withheld? Commercial contracts often include a clause which requires the consent of one party to the assignment of the contract by the other party to an outsider. Where these […]
Rethinking Termination Clauses
August 19, 2020 By Brian Babcock If you are an employer, it is time again to review and update the termination clauses in your employment contracts. If you are employee who is terminated, think twice and get legal advice before accepting what your contract provides. Over the years, the Ontario Court of Appeal has not been […]
Undue Influence and Spousal Guarantees
August 19, 2020 By Brian Babcock There is not always undue influence when a spouse personally guarantees the corporate debt of their spouse’s business. A written certificate of independent legal advice is not always required to maintain the validity of the guarantee. Historically, courts have found undue influence makes a guarantee unenforceable in situations which typically […]
Trusts, Gifts and Family Law
August 14, 2020 By Brian Babcock It is important to know whether a transfer of property within a family is intended to be a gift or to create a trust. In particular, this can have significant impact on division of property in family law. The recent Court of Appeal case of Kent v. Kent began as […]