Lawsuits and the Correct Party to the Contract
February 13, 2025 By Mark Mikulasik It is important to know who you are doing business with. It is just as important to be clear which name you are doing business under. It is not unusual for several related corporations, partnerships or even individuals to bill themselves as “THE ABC GROUP”. This creates a risk […]
The Consequences of an Unconditional Offer to Purchase
February 11, 2025 By Nick Melchiorre Should you make an unconditional offer to buy a house? Ultimately, that decision is up to you, but you ought to know that if you do, you may not be able to get out of the deal without substantial cost. We have written before about force majeure in the […]
Anton Piller: The Civil Search Warrant
February 6, 2025 By Jonathon Clark We have written before about the Mareva injunction, designed to prevent a wrongdoer from absconding with all the funds before the recovery lawsuit can proceed. What about preserving evidence that the wrongdoer might destroy? The Anton Piller order is another extraordinary remedy available at the start of a lawsuit […]
What Is A Tree Worth?
February 4, 2025 By Brian Babcock If you live in Northwestern Ontario, as we do, you are surrounded by trees. They seem to be everywhere. Forestry remains a dominant industry even as mining grows. So, not infrequently, we face cases involving improper removal of trees, or damage to trees. Which raises the question that I […]
Leave To Appeal An Arbitration Award
January 30, 2025 By Mark Mikulasik Section 45(1) of the Arbitration Act, 1991 (the “Arbitration Act“) provides: 45(1) If the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied […]
Employment Disputes: Tribunal or Litigation?
January 28, 2025 By Brian Babcock You might think that courts have wrestled with the question of whether a dispute must be submitted to arbitration or may proceed to litigation often enough that there would no longer be doubts. Kolacz v. Labourers International Union of North America Local 837 shows that judges still must wrestle […]
Why To Respond To A Human Rights Complaint
January 23, 2025 By Brian Babcock If you are named as a respondent to a human rights complaint, in order to dispute the claim, you must file a reply and participate in the process. The complaint will not simply go away. Despite this, some people imitate ostriches and stick their heads in the sand. This […]
Specific Performance: Frequently Asked Questions
January 21, 2025 By Mark Mikulasik What is specific performance? It is an equitable remedy for breach of contract in which the Court orders the party in breach to performed or complete the contract. Does it only apply to real estate? No. Although real estate deals gone bad are the classic typical example of situations […]
What Is Equity?
January 16, 2025 By Brian Babcock We have posted numerous articles discussing various aspects of equity but have not yet posted a stand-alone article defining and explaining what equity is all about. Let us fix that now. Once upon a time, the common law was an unruly beast. It was largely administered locally, and was […]
What Is “Judicial Notice”?
January 14, 2025 By Brian Babcock In previous articles, we have mentioned judicial notice, so we thought it might be interesting to explain the concept. Judicial notice is an important legal concept that allows courts, including those in Ontario, to recognize and accept certain facts as true without requiring formal proof. This principle streamlines judicial […]