Construction Lien Trusts
December 20, 2020 By Brian Babcock Payments for a construction project in Ontario are trust funds under the Construction Act (formerly the Construction Lien Act). Persons involved in a breach of trust may be ordered to personally pay the misdirected amounts. Hopefully, this will not be you, but one purpose of this article is to warn […]
Stereotypes Harm Us All
December 20, 2020 By Brian Babcock We seldom post articles about criminal law, but we wish to reproduce and bring to your attention the November 6, 2020 decision of the Supreme Curt of Canada in R. v. Slatter, which reads in full: We are all of the view that the appeal must be allowed, for the […]
FAQ: Am I going to win?
December 7, 2020 By Brian Babcock In lawsuits, this must be the single most frequently asked question. The only honest answer is “I don’t know.” As much as clients hate to hear it, nothing is certain when you go to court. Your lawyer can give you an educated opinion on what might happen, but there are […]
What is Reasonable Care?
November 30, 2020 By Brian Babcock A failure to meet Building Code standards may result in a municipality being responsible for damages suffered by a user of municipally occupied facilities. Trying to introduce a new theory on appeal does not help. A municipality may be an occupier of property under the terms of the Occupiers’ Liability […]
Constructive Dismissal and Bonus Payments
November 30, 2020 By Brian Babcock A senior executive who is constructively dismissed is entitled to a bonus he would have earned during a period of reasonable notice, the Supreme Court of Canada has confirmed. Other portions of their ruling may also increase payments to departing employees. Some issues are left open for future cases, increasing […]
When is a Lawsuit an Appropriate Means to Resolve a Wrongful Dismissal Claim?
November 23, 2020 By Brian Babcock Generally, in Ontario, a person suffering a loss must sue within two years of suffering the loss. There are, however, circumstances that extend this time limit. Discoverability is at the heart of calculating the time limit to sue in Ontario. It simply is common sense that you cannot be expected […]
Reasonably Contemplating Remoteness of Damages
November 23, 2020 By Brian Babcock The basic rule of contract damages is that the type of loss must be “reasonably contemplated” by the parties at the time they entered into the contract. Otherwise, we say that they are “too remote”. A defendant’s potential exposure cannot be unlimited. The courts have struggled to define what “reasonably […]
Common Sense and Litigation
November 10, 2020 By Brian Babcock A little common sense can go a long way in litigation. The cost and delay in lawsuits can be significantly reduced when parties and their lawyers do the smart thing. A recent Ontario superior Court case is just one of many examples. In 1479021 Ontario Inc. v. Hawkesbury (Town), the […]
Excitement About Easements
November 10, 2020 By Brian Babcock The power to expropriate does not change the test that applies when a municipality or other public authority claims that they have acquired a prescriptive easement (better known as title by adverse possession). Although the courts have been reluctant to recognize claims of adverse possession by private parties, they appear […]
The Cost of Public Interest Litigation
October 26, 2020 By Brian Babcock Determining that a proceeding is “public interest litigation” may have significant costs consequences. This is because courts recognize that access to justice has greater importance in public interest litigation than in disputes between private parties. “Public interest” does not mean that the parties are always public bodies. Private citizens may […]