Judicial Review is Only for Decisions “Of A Public Character”
November 19, 2024 By Nick Melchiorre We have discussed judicial review in other articles. In 2020, we explained that it is “a process by which courts supervise decisions of administrative bodies”. In 2024, we clarified that private contracts of government bodies are not reviewable, based upon a decision of the Divisional Court, the entry-level court […]
The Duty to Defend Mixed Claims
November 14, 2024 By Brian Babcock In insurance litigation, “mixed claims” refers to an action which contains claims which are both insured and uninsured. The issue of who pays the cost of defence of mixed claims often arises. This issue has been considered by the Ontario Court of Appeal in Live Nation Ontario Concerts GP, […]
What is Equity?
November 12, 2024 By Brian Babcock We have posted several articles that refer to “equity” or its cousins, such as “equitable principles” or “equitable remedies”. We have tried to give short explanations, but some readers may want the full story. If so, read on. Equity has its roots as a corrective for harsh or unfair […]
Are Restrictive Covenants Enforceable in Ontario?
November 7, 2024 By Brian Babcock There was a lot of publicity when Ontario amended the Employment Standards Act to make certain restrictive covenants unenforceable. This has created some confusion, with people mistakenly believing that ALL restrictive covenants are unenforceable in court. To begin to understand this, we must first note that the ban only […]
Oral Evidence May Not Help You Win
November 5, 2024 By Mark Mikulasik We have talked about the advantages of putting a contract in writing. THE ISSUE You need to be aware that if you put the contract in writing, particularly if it deals with land, evidence of a witness (as opposed to written evidence) will not be admitted if it contradicts […]
So, You Want A Permanent Injunction
October 31, 2024 By Jonathon Clark We have written before about the test for an “interlocutory injunction”, or an injunction pending trial or other final determination of a dispute. But what if you are seeking a “permanent injunction”, one which continues after the dispute is finally ended, indefinitely into the future? At that point, the […]
Injunctions: Frequently Asked Questions
October 29, 2024 By Brian Babcock What is an injunction? An injunction is a court order which instructs someone (a natural or legal person) to do something, or NOT to do something. What court do a go to? In Ontario, you bring a proceeding in Superior Court. Do I need a lawyer? In theory, you […]
Inadequate Provision For Dependents In Your Will
October 24, 2024 By Brian Babcock By its very name, a will is supposed to reflect the desires of the testator- the person whose will it is. This discretion to leave your assets to whoever you wish is not unlimited. In Ontario, two laws limit your ability to write the will you want. Under the […]
Anti-SLAPP Motions: Weighing The Public Interest
October 17, 2024 By Brian Babcock An “Anti-SLAPP motion” is a motion by a defendant, usually in a defamation case, to have the action dismissed at its beginning, because public discussion of matters of public interest is important. Because of this, on Anti- SLAPP motions, emphasis is often placed upon whether statement under attack is […]
Is That Non-Compete Enforceable?
October 15, 2024 By Nick Melchiorre Non-compete agreements are common in employment contracts and sales of businesses. They are not always enforceable. Public policy favours vigorous competition, to maintain a free market for goods or services. Non-compete agreements will only be enforced if the party who benefits from the agreement has a legitimate interest that […]