Unjust Enrichment: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]January 27, 2015 By Brian Babcock 1. What is Unjust Enrichment? It is the principle which organizes the law of restitution. It is used to strip gains from a wrong-doer (even an innocent one) and compensate the person who suffered from the wrong doing, in situations that do not fit other rules of law. 2. When […]
Straight Talk About Estate Planning – Honesty And Your Lawyer
[vc_row][vc_column][vc_column_text]January 20, 2015 By Fhara Pottinger One of my greatest challenges as a lawyer is ensuring that my client has told me everything that I need to know. My clients are generally not holding back out of malice or some intention to deceive me but rather a desire not to “waste my time”, to keep their […]
Show Me The Money
[vc_row][vc_column][vc_column_text]January 8, 2015 By Mark Mikulasik Christmas bills are coming due and heating costs are rising. Your creditors expect to get paid, so if somebody owes you money, chances are you would like to collect it. The first step is to get a court order or judgment in your favour. If the amount is less than […]
Preparing Financially For Separation
[vc_row][vc_column][vc_column_text]December 29, 2014 By Martha Petryshyn Do you think your relationship is coming to an end? Do you know what to do to ensure that your life after separation and divorce at least approximates the lifestyle you enjoy while with your spouse? Many people focus on the social side of separation and divorce, and while this […]
Watch That Slip And Fall!
[vc_row][vc_column][vc_column_text]December 16, 2014 By Brian Babcock Better still, do something to prevent slip and fall injuries. With snow and cooler temperatures returning to Thunder Bay after a mild spell, the risk of a fall is high. A simple slip on ice can cause devastating injuries to anybody, but especially to our aging population. Human decency suggests […]
Top 5 Employment Law Tips For Hiring Your First Employee
[vc_row][vc_column][vc_column_text]December 9, 2014 Congratulations! You have started a business and are expanding to hire new employees. This is a major step for your business. Being an employer comes with great responsibility and many legal obligations. Below are five employment law tips for when you decide to hire employees: Secure written employment contractsSimple, well-drafted employment contracts […]
Medical Marijuana In The Workplace And The Risks For Employers
[vc_row][vc_column][vc_column_text]December 3, 2014 INTRODUCTION: On April 1, 2014, the Marihuana for Medical Purposes Regulations became effective. The Regulations provide that anyone who requires medical marijuana for a variety of health reasons will no longer need a licence from Health Canada to obtain it – a simple doctor’s prescription will do. As such, medical marijuana must be treated […]
To Tell The Truth
[vc_row][vc_column][vc_column_text]November 26, 2014 By Brian Babcock Most people know what it means to tell the truth. Therefore, “A reasonable commercial person would expect, at least, that the other party to a contract would not be dishonest about his or her performance.” This concept is at the core of a 2014 Supreme Court of Canada decision which recognized a […]
To Tell The Truth
[vc_row][vc_column][vc_column_text]November 26, 2014 By Brian Babcock Most people know what it means to tell the truth. Therefore, “A reasonable commercial person would expect, at least, that the other party to a contract would not be dishonest about his or her performance.” This concept is at the core of a recent Supreme Court of Canada decision which recognizes a […]
An Introduction To Alternative Dispute Resolution (ADR)
[vc_row][vc_column][vc_column_text]November 19, 2014 PART 1: MEDIATION ADR stands for Alternative Dispute Resolution or Appropriate Dispute Resolution. ADR is a rapidly developing and growing area of law in Canada due to its accessibility, cost effectiveness and less adversarial structure than traditional litigation. The field of ADR consists of numerous techniques and methods including: Mediation Negotiation Arbitration […]