Miscellaneous Varied General Topics

Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial.  Without an effective and...

An Affidavit document is a document sworn or affirmed, under Oath, and a document for which the truthfulness of the statements within must be genuinely true. 

When an engagement is terminated, the 'contract to enter into marriage' is ceased and the engagement ring must be returned. 

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...

Corporate Veil Unveiled For Proper Understanding of Limited Liability Protection  By: Scott McEachern Firstly, let me start this article with a...

It is rather obvious that a legal services practitioner's ability to best serve the client is highly dependent on maintaining a positive, constructive,...

The Covid19 Crisis Gives Rise to Various Legal Issues of Which Many are Unprecedented and Posing Questions Unaddressed within Current Laws A Portal to...

Upon settling a legal dispute, the law implies and expects that the party on the defensive will require a signed Release from the other party. 

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

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

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...

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...

The written law is often plagued with outdated decisions, perplexing paradoxes, and the uncommon common sense! While our pop culture is filled with many...

A licensed paralegal may offer legal services and act as representative in matters falling within the jurisdiction of the Small Claims Court and the Provincial...

Can a Plaintiff Allege Breach of Contract and Negligence At the Same Time? Including Allegations For Both Breach of Contract and Negligence Within the Same...

Litigants in legal proceedings can often make the process of litigation more difficult than necessary through the use of uncivil and discourteous conduct. 

Potholes and other hazards can pose significant risk to persons and property.  While many incidents with roadway hazards result in only relatively minor...

While some people may choose self-representation over the cost of hiring a paralegal, all too often the self-represented make mistakes in the legal process...

Generally, the word "retainer" possesses two contexts and refers to both the contractual agreement entered into when hiring a legal professional as well as...

Proving a case in court requires evidence to back up certain allegations.  Sometimes, the 'evidence' is simply credible testimony without any tangible...

Stress injuries, meaning emotional concerns such as anxiety, annoyance, disappointment, distress, fear, frustration, loss of peace of mind, upset, among other...

The potential for legal issues to arise from incidents involving tree ownership or tree management is significant.  Among other things, legal issues may...

The occupiers of premises owe a duty of care to ensure that other people are reasonably safe from harm while upon the premises unless the other people...

When a defendant seeks to rely upon the defence strategy that a lawsuit is statute barred for expiry of a limitation period, the defendant is required to...

Documents containing scandalous statements that are irrelevant or potentially prejudicial without probative value to court proceedings should be struck from...

The doctrine of abuse of process may be used to obtain a Stay of Proceedings where government personnel engage in misconduct that is unfair or would bring...

A Helpful Guide For How to Determine and Understand When Rights to Procedural Fairness Are Improperly Breached When a person is under investigation by...

When Is a Legal Case Ripe For An Award of Punitive Damages? A Punitive Damage May Be Awarded Within a Case Where the Court Deems That the Misconduct By the...

When a couple splits up, legal dispute may arise over who gets possession of a pet that was shared during the relationship. 

If a legal error is discovered after a court decision is rendered, generally, an Appeal is required.  Only in very rare circumstances will a judge reconsider...