Protecting Your Settlement Privilege
January 23, 2022 By Brian Babcock “Privilege” is a word that the law uses differently than ordinary English, but to a lawyer, it is one of the most important ways that you can protect your privacy and confidentiality. “Solicitor-client privilege” protects communications with your lawyer. Although not absolute, it is highly protected by the courts, […]
Yet Another Reason Not to Sit on Your Rights
January 23, 2022 By Brian Babcock We have written before, more than once, about why waiting until the last moment to start your lawsuit is a bad idea. And yet, there are still new examples of how the time limit may be missed. These cases do not necessarily just involve small losses, or unsophisticated clients. […]
Is That Marriage Valid?
January 15, 2022 By Margaret Waddington You might think that in the 21st century, we no longer need worry about whether a marriage is valid – it seems like that question should be limited to an inconvenient plot point about a couple waking up in Vegas… oh, sorry, that was an episode of The Big […]
Is that Order Final or Interlocutory?
January 15, 2022 By Brian Babcock You might look at this title and start by wondering “what does ‘interlocutory’ mean?” Good question, one that a lot of lawyers and judges still struggle with. Also an important question if you want to appeal a Superior Court order or judgment. Because the correct appeal route – that […]
New Limits on Planning Appeals Treated Seriously
December 29, 2021 By Brian Babcock The Ontario legislature has struggled for years for ways to streamline and simplify the planning process, including appeals, in a way that respects public interest but does not prevent orderly development. Various techniques have been tried: introducing provincial policy statements (PPS) to guide local decision making making compliance mandatory […]
Should You Represent Yourself in Small Claims Court?
December 29, 2021 By Brian Babcock Small Claims Court is intended to be a simple source of access to justice. For decades, that has meant that many, if not most, parties (other than debt collectors) represented themselves. But this idea started when Small Claims were truly small. For much of the province, that meant $400.00. […]
The Public Interest and Liquor Licences
December 12, 2021 By Brian Babcock Prohibition may be a distant memory, but it is not forgotten, with its history in Thunder Bay a fond memory of the rumours that the Bronfman family, of Seagram’s fame, allegedly built tunnels from the Marina Inn (on the location of the current government building) under the train tracks […]
Another Reason Not to Sit on Your Rights
December 12, 2021 By Brian Babcock For some reason, a lot of lawyers, and a lot of clients, seem to think that waiting until the last possible moment to start a law suit is a good idea. We have written before about some reasons why this is a bad idea. No one needs an argument […]
Rationality, Reasons and Human Rights
December 5, 2021 By Brian Babcock If an administrative tribunal makes a decision against you that makes no sense to you, go not give up right away. It may be possible to go to court and have it overturned. An administrative tribunal, in order to make a decision which will withstand judicial review, must make […]
Human Rights Settlements: Contravention May Cost You
December 5, 2021 By Brian Babcock What happens if a party to a human rights settlement fails to perform the non-monetary terms of the settlement? The was the question recently considered by the Ontario Human Rights Tribunal (HRTO). It is very common, if not universal, for human rights settlements to contain non-monetary terms – things […]