Rethinking Damages for Defamation?
June 15, 2021 By Brian Babcock Defamation is the action you might bring if someone tells lies about you that harm your reputation. Libel and slander are both types of defamation. An action for defamation may lead to “aggravated damages” or “punitive damages” in addition to “general damages” for loss of reputation, mental distress and […]
Employers: Do Not Imitate the Ostrich
June 15, 2021 By Brian Babcock Discrimination can affect anyone. A recent Ontario Human Rights Tribunal decision involving a cardiac surgeon illustrates this, while making the more general point that employers have a duty to investigate complaints, independent of the merits of the complaint. After all, how does the employer know if they have a […]
More Common Sense in the Courts
June 1, 2021 By Brian Babcock The Ontario Court of Appeal continues to apply a common sense approach to interpreting agreements of purchase and sale. This is bad news if you want to rely upon a technicality to try to walk away from a deal. But good news if you have common sense. In Hannivan […]
The Character of the Employment
June 1, 2021 By Brian Babcock The criteria for determining the appropriate notice period for an employee dismissed without cause are well-established as including length of service; the age of the employee; the availability of similar employment; and the “character of the employment”. We see many cases in which length of service is the focus. […]
Building Permit Liability
May 17, 2021 By Brian Babcock Note: The Ontario Court of Appeal has since ruled on the case discussed in this article. Please see “Building Permit Liability Update” for an updated discussion. Municipalities may have hidden liability risks lurking in old building permit files. A Superior Court judge, in Breen v. Lake of Bays (Township), […]
That’s Absurd!
May 17, 2021 By Brian Babcock An agreement of purchase and sale of real estate, like any contract, will be interpreted in a way which does not lead to an absurd result. In Joo v. Tran, the standard form agreement provided that the sellers would discharge any encumbrances, save and except minor utility easements. However, a […]
Absolute Discretion and the Duty of Good Faith
May 10, 2021 By Brian Babcock Absolute discretion under a contract is not always absolute. The Supreme Court of Canada continues to develop the law relating to the duty of good faith in the performance of a contract. In Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, the parties had a long term […]
Specific Performance Made Easy?
May 10, 2021 By Brian Babcock For centuries, the primary remedy when an agreement of purchase and sale did not close was “specific performance” – a judgment of the court requiring the deal to be completed. Then, in 1996, the Supreme Court of Canada made reference to the fact that even residential homes are often […]
Mitigation Efforts Must Be Reasonable
May 5, 2021 By Brian Babcock Mitigation is the legal term that reflects the obligation of any Plaintiff to take all reasonable steps to reduce their loses. This results in savings for the at fault defendants. Mitigation after termination of an employee is often an issue that the employer feels strongly about. Typically, however, most […]
Is it a Gift?
May 5, 2021 By Brian Babcock If you want to avoid having your estate consumed in lengthy and expensive law suits, you need to take care that your intentions are clear. Sometimes the most important estate planning that you do takes place outside your lawyer’s office. In those circumstances especially, making your intention clear is […]