Education

Matters involved in the trade of debts may include overdue credit accounts, private lending, bank loans, among many things.  Essentially, anytime a person...

A collateral attack is said to occur when a legal proceeding, other than an Appeal, is commenced wherein a previous judicial decision is alleged as inaccurate...

In Canada, freedom of expression is vital, as affirmed by Section 2(b) of the Charter, even in professional settings where civility is crucial. Balancing these...

Attornment refers to accepting a specific legal authority for disputes, often implicitly through participation. Forum selection clauses define the chosen...

Although Ontario law lacks a specific 'lemon law', in some circumstances there are various laws that apply in such a way as to protect a purchaser of a...

The basic principles of contract law include the concept that a principal becomes responsible for the agreements made by an agent that is acting for the...

In civil litigation, meaning a lawsuit, the Plaintiff must prove that the allegations are true on a balance of probabilities as opposed to the beyond a...

Nearly identical witness statements can indicate either accurate facts or collusion. Courts must assess if similarities stem from influence or genuine recall.

Conduct altering contract terms may void enforceability. Common law cases can be overruled by statute, e.g., Consumer Protection Act allowing cancellation if...

When a contract contains an explicit expiry date, the contract may be implicitly extended or renewed by the conduct of the parties that shows disregard to the...

Privity of contract involves the basic contract law principle that only parties to a contract may sue another for breach of contract.  Persons without status...

A helpful guide to understanding the law regarding defective construction or renovation including the legal definition of defect, and much more. 

Disputes and lawsuits arising out of employment relationships are becoming more and more frequent as long gone are the days of substantial loyalties between...

The law of issue estoppel relates to legal matters previously disputed and involves the res judicata principles which is Latin for things decided. 

Although an inaccurate translation from the literal Latin, the principle of 'stare decisis' may be thought of as the starring precedent setting decision when a...

The law despises waste and the doctrine of mitigation, being the duty to mitigate, is the mechanism that imposes an obligation upon a harmed party to take...

After a breakup, the formerly dating couple may engage within a legal dispute over whether money provided during the relationship was a loan or a gift. 

An insurance policy is a unique type of contract.  An insurance policy, being a contract, is formed based upon the same elemental requirements as all...

When reviewing a contract for interpretation purposes, the law considers the intention of the parties to the contract rather than just the expressly written...

Preparing Properly Structured Factual Statements Within Legal Proceeding Documents Using Best Practices For Stating Facts Within Legal Documents Including...

Bailee liability arises when a person, usually a business such as a jeweler, a furrier, a repair shop, a garage, a storer, a mover, among others, fails in...

Limitation periods are time limits that restrict when legal proceedings may be commenced.  In Ontario, generally, with some specific exceptions, the...

The law, generally, permits reasonable name corrections as necessary.  A correction is often made merely on Consent; however, if a party is unwilling to...

Liability claims arising when a person suffers injuries in a slip and fall may be brought against the owners, occupiers, or others, with duties for the care...

When interpreting the meaning of terms within a contract, courts may use the officious bystander test which involves review of what a person with reasonable...

The parol evidence rule states that where a written contract exists and such contains a complete express term, evidence and argument that the term is altered...

Regulators often hold very strong authoritative power including investigative powers; however, where a regulator intends to interview a person suspected of...

Many legal cases turn on the evidence of what happened; however, some cases turn on the evidence of what failed to happen; accordingly, providing what is...

When multiple parties are involved in litigation, and two (or more) parties to the litigation settle, details of the settlement must be provided to the...

Similar to the rules of procedure applicable to other courts, the Small Claims Court also has a formal set of procedural rules.  Additionally, the Small Claims...

Destruction of evidence, whether intentional or accidental, entails legal penalties, emphasizing the importance of integrity in legal proceedings.

A tort is legal wrongdoing that gives rise to a cause of action, meaning right to sue, for compensation among other remedies. 

The legal cause of action known as unjust enrichment arises in equity (fairness); and while a Defendant may have engaged in some form of wrongful conduct,...

The vicarious liability principle involves the imposing of financial responsibility upon a master for the wrongdoings of a servant hired by the master. 

The monetary jurisdiction of the Small Claims Court allows for each Plaintiff to bring claims up to the $35,000 limit; and accordingly, a Defendant may be...

Most small businesses are owned and operated by the shareholders.Indeed, in many incorporated small businesses the shareholders are also the officers,...

Employees can be personally liable for negligent conduct at work, clarified by the Sataur v. Starbucks case, dispelling the myth of employment immunity.

Liability protections usually available for owners of an incorporated business may be lost without properly holding out and identifying the corporate identity...