Go-kart Insurance Revisited: The Automobile Insurance Debate
[vc_row][vc_column][vc_column_text]August 27, 2007 By Brian Babcock Go-karts and similar recreational “toys” are particularly difficult to ensure, because, although they are vehicles, they are not automobiles, and therefore, automobile insurers are unlikely to insure them. Recently, a motions court judge in Southern Ontario considered an incident involving an amusement park go-kart. This judge extended coverage to the […]
Bullying And Harassment In The Workplace
[vc_row][vc_column][vc_column_text]July 6, 2007 Employers are required to create and maintain a safe workplace where employees are treated fairly with civility, decency and respect. Do you have the right policies in place? Courts are awarding significant damage awards to employees who have been bullied and harassed in the workplace. Employers must take effective steps to address […]
Accommodating Disabled Employees : How Much Hardship Is “Undue” Hardship?
[vc_row][vc_column][vc_column_text]July 5, 2007 How much hardship is “undue” hardship? The Supreme Court said that Employers continue to have an obligation to accommodate a disabled employee to the point of undue hardship. For employers trying to accommodate disabled employees, trying to define “undue” hardship is like trying to solve a rubik’s cube – the landscape just […]
Real Property, Fraud And The Land Titles Act
[vc_row][vc_column][vc_column_text]May 25, 2007 For a while the law certainly appeared to be an ass. The confusion did not start with the Ontario Court of Appeal decision in Household Corp. Ltd. v. Liu (2005) but that case is as good a place to start as any. Mr. and Mrs. Liu owned their matrimonial home as joint tenants. Mr. […]
The Obligation Of A Step-parent To Pay Child Support
[vc_row][vc_column][vc_column_text]April 10, 2007 By Brad Smith There are a variety of relationships in the modern family. This includes children from prior relationships. When there is a separation, does the step-parent have an obligation to pay child support for his or her non-biological children? A court may order the step-parent to pay child support. If the parties […]
Garnishment of a Bank Account: Some Comments
March 28, 2007 By Paul Jasiura Recently we obtained Judgment on behalf of a client and took the usual step of issuing a Notice of Garnishment against the Judgment Debtor’s bank account. We were surprised to hear back from the Bank that it would not respond to the Notice of Garnishment unless and until our […]
Slip And Fall: An Ounce Of Prevention
[vc_row][vc_column][vc_column_text]January 5, 2007 By Brian Babcock The exceptionally mild winter in Thunder Bay has lead us to observe that systems for outdoor maintenance (clearing snow or ice, preventing run off from freezing) may need to be updated. What was reasonable for one set of conditions may be inadequate in milder weather. For instance, salt and chemical […]
Noisy And Nuisance Neighbours
[vc_row][vc_column][vc_column_text]December 28, 2006 By Brian Babcock Maybe you just purchased your dream home on the lake and wake up one morning to the roar of jet skis. Perhaps you have lived in an established neighbourhood for twenty years, and the house next door was just subdivided into apartments, and next thing you know, there are motorbikes […]
When Is A Boat A Car?
[vc_row][vc_column][vc_column_text]October 24, 2006 By Brian Babcock While Canada’s Supreme Court did not actually say that a boat was a car in a recent decision, they did decide that the limits on damages under the Canada Shipping Act did not apply to injuries suffered when a doctor was injured by a bungee cord which struck his eye while he […]
Non-conforming Uses, Zoning And The Court Of Appeal
[vc_row][vc_column][vc_column_text]June 9, 2006 By Brian Babcock In a previous article, I discussed the recent Superior Court ruling in Watts v Benvenutti. In that decision, a judge ruled that a landowner could operate a horse farm in an area now zoned residential, finding it to be a legally non-conforming use. The judge rejected an argument advanced by […]