When Is A Second Discovery Necessary?
April 24, 2022 By Brian Babcock Oral examinations for discovery out of court are a long established means of preventing “trial by ambush” under Ontario’s Rules of Civil Procedure. In most cases, each party is allowed to examine the others once, with time limits that may be extended where appropriate. Each person examined must correct […]
What is Promissory Estoppel?
April 2, 2022 By Brian Babcock Promissory estoppel is the legal system’s version of “no backsies”. More formally, it is an equitable defence designed to protect you if another person attempts to back out of a promise after you have changed your legal position in reliance upon the promise. In Trial Lawyers Association of British […]
Nothing but the Facts: A Story About Interpreting Contracts
March 26, 2022 By Brian Babcock It is dangerous to fall in love with an attractive legal quotation and expect that it will decide your case in your favour. Most lawsuits are ninety per cent about the facts and only ten per cent about the law. That is a truism that I was taught many […]
Rethinking the Meaning of Core Policy Decisions
February 13, 2022 By Mark Mikulasik What is a “core policy decision immune from negligence liability”? In Nelson (City) v. Marchi, the Supreme Court of Canada confirms that: municipalities are immune from liability for policy decisions. the onus is on the municipality to prove that an injury results from a ‘core policy’ decision, rather than […]
Punitive Damages and Workplace Injuries
August 6, 2021 By Brian Babcock Punitive damages might not be as limited as suggested by our recent articles on the subject. The Ontario Court of Appeal decision in Eynon v. Simplicity Air Ltd. is a useful reminder that each case turns on is own facts, and the facts of that case are startling. Outrageous […]
Will your insurance deliver?
July 5, 2021 By Brian Babcock Are you driving your own vehicle to do deliveries or other work? If so, you need to inform your automobile insurer of that fact, or you may find yourself without coverage following an accident. In the emerging “gig economy”, this well established concept of insurance law will have application […]
What is Reasonableness?
June 22, 2021 By Brian Babcock Judicial review is the mechanism by which courts supervise the actions of statutory decision makers. Typically, we think of formal tribunals, ranging from labour arbitrators to Human Rights Tribunals, or government officials. There are other, less common decision makers who exercise statutory powers which affect everyday life. How do […]
What is Reasonable Care?
November 30, 2020 By Brian Babcock A failure to meet Building Code standards may result in a municipality being responsible for damages suffered by a user of municipally occupied facilities. Trying to introduce a new theory on appeal does not help. A municipality may be an occupier of property under the terms of the Occupiers’ Liability […]
Have You Checked Your Tires Lately?
November 30, 2017 By Brian Babcock The owner of a vehicle has a responsibility to make sure that their vehicle is safe to operate. This includes the condition and inflation of the tires. On November 21, 2017, the Court of Appeal decided an unusual case, House v. Baird in which the owner of a vehicle being driven by […]
Taylor Swift And A Dollar In Damages
August 15, 2017 By Brian Babcock Taylor Swift only sued for one dollar in damages in her counter-suit for assault against the former radio DJ who had sued her for allegedly ruining his career. Odds are you know the story. In most cases involving sexual assaults, the damages will be more than one dollar. In fact, […]