Error In Tender Amount Costs Contractor $434,000 – Court Says Bid Cannot Be Withdrawn
February 23, 2006 By Brian Babcock Ontario’s highest court recently ordered a construction contractor to pay $434,000 in damages for refusing to perform a contract after it made a $557,000 error in its tender bid. The court would not allow the contractor to withdraw the bid. To begin with, Construction Law 101: since a 1981 Supreme […]
Employment Insurance: Should The Employer Participate Or Not?
January 27, 2006 In a recent judgement, the Ontario Superior Court of Justice has applied the doctrine of issue estoppel to preclude an employer from defending a wrongful dismissal claim on the basis of just cause, where the employer raised the same defence in an Employment Insurance appeal, and lost. As a result of Korenberg v. […]
Social Host Liability Update
January 19, 2006 By Brian Babcock On January 18, 2006, the supreme court of Canada heard arguments in Childs v. Desormeaux , the Ontario Court of Appeal case featured in a recent web tip on Social Host Liability. It will likely be several months before a result is known, and then we will have new guidelines as to if […]
Business Interruption Insurance: Read The Fine Print
December 19, 2005 By Brian Babcock Business people buy insurance because disasters happen. One of the most troubling losses suffered after a fire or other damage to commercial premises is the interruption of the business. Revenue will be disrupted, while expenses will continue. For this reason, business interruption insurance is a key part of most commercial […]
Disabled Employees Are Entitled To Severance Payments
November 29, 2005 Until recently it has been standard practice in Ontario for employers not to pay Severance Pay when a disabled employee was terminated because his or her disability made it impossible to do the job. In a decision dated May 4, 2005 the Ontario Court of Appeal concluded that employers are now required […]
Must Both Spouses Be On The Title To Their Home?
October 21, 2005 By Paul Jasiura It is legally possible in Ontario to have the home put into one spouse’s name alone, even though they are married. Of course, the mortgage will be in one name alone in that case. The question then arises: will one spouse have the financial horsepower with the Bank to take […]
Employees Entitled To Family Medical Leave
October 13, 2005 Recent amendments to the Canada Labour Code , the Ontario Employment Standards Act and the Employment Insurance Act provide employees with up to eight (8) weeks of leave from their employment and up to six (6) weeks of employment insurance benefits. The leave allows workers to be temporarily absent from work to provide care or support to a […]
American Vendors In Ontario
June 14, 2005 Here at Weilers, we frequently represent Americans who are selling property in Northwestern Ontario. This article applies equally to individuals living in any other country. In the last few years, demand for property in Northwestern Ontario has increased. Heavy demand for the products of Northwestern Ontario’s forestry industry have made acquiring private […]
Pedestrian Vehicle Accidents: Right Of Way Not Absolute
June 1, 2005 By Brian Babcock Every year we hear stories of tragic accidents involving vehicles and pedestrians. Traffic laws, and fault based insurance claims are deterrents, but compensation for accident victims can never replace their losses. Greater caution on the part of drivers could reduce the risk of these accidents, but pedestrians share the responsibility […]
Creditors Are Out Of Luck
By Paul Jasiura On February 3, 2005, the Supreme Court of Canada refused to grant leave in a case called Amherst Crane Rentals Limited v. Perring, involving competing claims to RRSP benefits. As a result, the Ontario Court of Appeal decision in the case now stands as binding. At the Court of Appeal, all three judges […]