Korman v. Korman 2015 ONCA 578 is an example of the Court of Appeal correcting a trial judge’s mis-reading of evidence and his mis-interpretation of […]

Creditors, such as banks, depend upon their priority as against the assets of the debtor. All creditors should be on notice that lending to a […]

Spouses sometimes put the matrimonial home in the name of one or other of the spouses to try and insulate the asset from creditors. There […]

THE EFFECT OF BILL C44(2014) AND BILL C51(2015) ON THE INTELLIGENCE LANDSCAPE   The background context In December 2007, CSIS agents applied to the federal […]

s.248 of the Ontario Business Corporations act is an all-purpose review provision that gives Ontario superior court judges significant discretion to determine when a particular […]

Perell J. (in Armanasco v. Linderwood Holdings Inc. 2016 ONSC 1605) rejects an injunction request by a mortgagor against a mortgagee sale. Inevitably the mortgagor […]

Perell J., who wrote The Law of Civil Procedure in Ontario, has made yet another determination against enjoining a mortgagee from selling under power of […]

In 2496582 Ontario Inc. v. Duca Financial Services, 2018 ONSC 3749 (CanLII) Corthorn J. was asked on June 5 2018, to grant an injunction, against […]

Crescent(1952) v. Jones is a case where Palmer sells his company (Crescent) to Jones. Palmer agrees to continue to work for Jones during a transition […]

The rules that apply when a mortgagee in possession is selling a piece of urban residential real estate, are not enough, when the property is […]

In Dhaliwal v. Gulati, [2012] O.J. No. 641, Gurbakht wanted to buy the Quality in in Orillia, a resort town one hundred miles noth of […]

In mortgage sale cases court grant generous freedom to the mortgagee to be wrong about value. The mortgagee does not have to actually have to […]

What facts are important on an improvident sale motion with regard to undeveloped land? Because undeveloped land does not necessarily lend itself to ordinary real […]

Breach of a ‘peremptory’ order is not necessarily fatal. But motion judge will still dismiss proceedings on procedural grounds alone using onus of proof. Mortgagors […]

Ontario and most provinces have Substitute Decisions Acts. When 90 year old dad becomes vulnerable because of his on-again off-again grasp of reality, the Substitute […]

The medical evidence tendered to support a will (that defeats one child in favour of another), usually consists of a doctor’s letter. Anyone who has […]

After five children, George lost his first wife in 1971 and his second in 1994. Thankfully, rich, distraught, old George had 31 year old waitress […]

(Mikelsteins v. Morrison Hershfield Limited, 2019 ONCA 515) tells us that with most shareholders agreements, the shareholder is deemed to have sold his shares back […]

The Ontario Court of Appeal ruling in Clear Flow restored order to the credit markets. In the spirit of magnanimity, it is appropriate to give […]

If you are on twitter and you accuse someone of criminal conduct, and you do it repeatedly, and you do it even after you know […]

Usually when your bookkeeper steals $350,000 from your company and you sue to recover the money, there is not much of a defence. The trend […]

Solar Power Network Inc. v. ClearFlow Energy Finance Corp., 2018 ONSC 7286 (CanLII) Solar Power Network Inc. v. ClearFlow Energy, 2018 ONCA 727 (CanLII) Solar […]

The law of nuisance requires that the nuisance be substantial and unreasonable before a court will give you an order. The judge made a definitional […]

The head of Walmart Canada, unthinking, called the Galea case ‘so unique it is a Harvard case study in the making’ (para 80). It is, […]

When a person is falsely arrested the old rule was that they had two years from the date of arrest to sue the police. The […]