How Something So Write Can Be So Wrong
[vc_row][vc_column][vc_column_text]September 10, 2014 By Brian Babcock It occasionally happens that a contract is drafted, but somewhere between the handshake and the printer, something goes horribly wrong. The written words do not match what was intended. If this is caught before signing, the rule of law is like the rule of basketball “no harm, no foul.” You […]
Not All Solar Contracts End Up Sunny
[vc_row][vc_column][vc_column_text]September 3, 2014 By Mark Mikulasik You have a nice roof with a southern exposure or an un-shaded parcel of land – perfect to install solar panels in Thunder Bay or surrounding area, where sunshine is plentiful and makes solar contracts attractive. A vendor approaches you to sign a contract. The deal sounds too good to […]
Waivers Of Liability: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]August 27, 2014 By Brian Babcock 1. What is a waiver of liability? A waiver is a document by which a person gives up something, such as a right to sue for injury. Waivers are very common in recreational activities, but might also be found in everything from medical treatment to cooking classes. 2. What is the difference […]
Supreme Court Clarifies Consultation Responsibilities
[vc_row][vc_column][vc_column_text]August 21, 2014 The Supreme Court of Canada recently released two significant decisions that will affect development in Northwestern Ontario – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Grassy Narrows First Nation v. Ontario, 2014 SCC 48. Tsilhqot’in is the first case to declare the existence of Aboriginal title over approximately 1700 square kilometres of remote lands […]
Straight Talk On Weddings And The Law: Part II
[vc_row][vc_column][vc_column_text]August 11, 2014 By Fhara Pottinger In my prior article on this topic, I explained why it is important to get it in writing and be specific. Recent news reports have illustrated this again. A young couple are suing the hotel in which their wedding was held due to the behaviour of one of the other hotel […]
“Bad Faith” Insurance Claims
[vc_row][vc_column][vc_column_text]August 6, 2014 By Brian Babcock Insurance policies are a special sort of contract which courts have described as “peace of mind” contracts. That is, part of what we pay for in our premiums is the confidence that, in the event of a loss, we will be treated fairly. Another way that this is sometimes put […]
Matrimonial Homes And Property Rights On First Nations Lands
[vc_row][vc_column][vc_column_text]July 25, 2014 On June 19, 2013, the Family Homes on Reserves and Matrimonial Interests or Rights Act (the “Act”) received royal assent, and became law. Prior to the Act, courts could not make orders at all about the possession or sale of a family home (or any other on-reserve real property interests), and division of the proceeds […]
Matrimonial Homes and Property Rights On First Nations Lands
[vc_row][vc_column][vc_column_text]July 25, 2014 On June 19, 2013, the Family Homes on Reserves and Matrimonial Interests or Rights Act (the “Act”) received royal assent, and became law. Prior to the Act, courts could not make orders at all about the possession or sale of a family home (or any other on-reserve real property interests), and division of the proceeds […]
What Is An Apology Worth?
[vc_row][vc_column][vc_column_text]July 16, 2014 By Brian Babcock Injured or aggrieved people are often looking for more than money as compensation for being wronged, and this is especially true where the damage is to a person’s reputation or personal dignity. This fall, I am teaching Remedies at Lakehead University Faculty of Law, and one of the topics I will […]
What Is An Apology Worth?
[vc_row][vc_column][vc_column_text]July 16, 2014 By Brian Babcock Injured or aggrieved people are often looking for more than money as compensation for being wronged, and this is especially true where the damage is to a person’s reputation or personal dignity. This fall, I am teaching Remedies at Lakehead University Faculty of Law, and one of the topics I will […]