Interpreting Rights of First Refusal
January 11, 2024 By Brian Babcock A right of first refusal (ROFR) may be a valuable aspect of a business agreement. No wonder that there are often disputes about the meaning of the rights, or their enforceability. THE CASE Some of the principles are reviewed by an Ontario Superior court judge in McMullen v. Dilawri […]
Sealing Orders, Removing Lawyers, and Privilege
January 9, 2024 By Brian Babcock If you are involved in a corporate dispute, such as a fight between shareholders, consider a sealing order to protect sensitive corporate information. THE ISSUE As we have written before, the general principle is that court proceedings, including filings, ought to be public and available for review. THE CASE […]
What Is A “Stay”?
January 4, 2024 By Brian Babcock It is a classic Jackson Browne song of course, but a “stay” in court terminology is an order of a court directing that a prior court order not be enforced until some later time, usually the conclusion of an appeal. Stays may also be available where there is not […]
What To Do If You Are Sued
January 2, 2024 By Jonathon Clark If you are served with a statement of claim (or in Small Claims Court, a claim), the first thing to do, even before you call a lawyer, is consider whether you might have insurance. A call to your agent or broker is always a good idea. Insurance will usually […]
Buyer Beware: Insurance Coverage and Misrepresentation
December 28, 2023 By Brian Babcock Did you know that even an innocent misrepresentation on an application for insurance can result in a denial of coverage? The result of non-disclosure or misrepresentation may be that the coverage is void. No one buys insurance hoping that will happen. One of the fundamental principles of insurance is […]
Suing Tribunals
December 26, 2023 By Brian Babcock THE ISSUE In most situations, it is impossible to sue the tribunal, its members, or the Crown. If you are dissatisfied with a decision of an administrative tribunal, you should determine your rights to appeal, or obtain judicial review. THE CASE This is illustrated by the decision of the […]
Arbitrators and Bias
December 21, 2023 By Brian Babcock One ground to object to the selection of a decision maker- be they judge, be they arbitrator – is “a reasonable apprehension of bias. When it comes to judges, this is a very high standard to meet, as judicial resources are scarce, and courts hate “judge shopping”. Or maybe […]
Mining Arbitrations Can Be Frustrating
December 14, 2023 By Nick Melchiorre Courts in Ontario will usually defer to arbitrators and are reluctant to second guess their decisions. We have written about this before. ISSUE Where does the court draw the line? Courts will act to ensure that arbitrators apply the correct law, especially on arbitrations under the Arbitration Act 1991 […]
Slapping Down SLAPPs
December 12, 2023 By Brian Babcock Section 137.1 of the Courts of Justice Act is the provision which permits “Anti-SLAPP” motions. SLAPP stands for “Strategic Litigation Against Public Participation”. Public debate on matters of public interest is a part of our Charter Right of Freedom of Expression. This must be balanced against the rights of […]
Time Limits Are Not Easy
December 7, 2023 By Jonathon Clark It has become popular for defendants in civil litigation to bring a summary judgment motion to seek to have an action dismissed where there is an allegation that the action was commenced after the time limit (limitation period) had expired. THE ISSUES The Ontario Court of Appeal has reminded […]