E: edward@ecconway.com | T: 613.709.0795 | Contact

What do you do when a corporate director re-directs the corporation’s assets to himself?

Growthworks Commercialization Fund Ltd. v. Growthworks WV Management Ltd. 2017 ONSC 5099 On January 13 2017, the ‘Manager’ of a labour-sponsored venture capital corporation, abruptly […]

Read full article | No Comments »

When is a sidewalk slab in a state of ‘non-repair’?

Lofchik J. in Grayling v Haldimand (County) [2014] O.J. No 239 summarizes that the 3/4 of an inch rule is the starting point for the […]

Read full article | No Comments »

The bank is strictly liable for cheque forged on your account

see more here The bank which negotiates the forged cheque that removes monies from your bank account is strictly liable for that act and for […]

Read full article | No Comments »

Why do I have to pay the Mortgagee’s costs even after judgement when the mortgagee should have included all his costs in his original claim

Legault v Bertram [2011] ONSC 879 So the Mortgagee has gotten a judgement against me for $1M which includes all his legal costs up to […]

Read full article | No Comments »

You don’t have to tell your employer everything: McKinley v B.C. Tel

In Bhasin v Hrynew, [2014] 3 SCR 494, the supreme court of Canada imposed a duty of honest performance in contract. Bhasin has been considered […]

Read full article | No Comments »

Good faith in contract: is ‘good faith’ really a proxy for ‘dependent contractor’

In 2014, the supreme court of Canada introduced the ‘duty of honest performance’ in contract. Beyond being a convenient tool of the moment to allow […]

Read full article | No Comments »

Good Faith in Contract: what does ‘honesty’ mean?

Struggling to articulate what exactly is wrong with Cromwell’s good faith in contract, the essential failing is that Cromwell embraces a word: ‘honesty’ which is […]

Read full article | No Comments »

Good Faith in contract: What is really wrong with the supreme court’s decision?

In Bhasin v Hyrnew Cromwell J. said this: [40] This Court ought to develop the common law to keep in step with the “dynamic and […]

Read full article | No Comments »

Good Faith in contract: Are contract now insurance traps?

In Cromwell J.’s urgent need to ‘update’ the common law of contract to add the hitherto forgotten and neglected principle of ‘good faith’, he saw […]

Read full article | No Comments »

Good Faith in Contract: does this mean the other guy has a fiduciary duty to me?

In order to justify a wholesale application of ‘good faith’ to contract in Bhasin v. Hrynew, [2014] 3 SCR 494, 2014 SCC 71 (CanLII) Cromwell […]

Read full article | No Comments »

Good Faith in Contracts: does this mean no more ‘AS-IS WHERE-IS’ sales?

In Bhasin v. Hrynew, [2014] 3 SCR 494, 2014 SCC 71 (CanLII), Hrynew was the producer of educational savings plans. Bhasin was a distributor. The […]

Read full article | No Comments »

Injunctions: Can I get a Freezing Order (Mareva)

Lakhani v Gilla (2019) ONSC 1727 I sold my e-cigarette company to Gilla Inc. In return Gilla gave me shares in Gilla Inc. and a […]

Read full article | No Comments »

Muskrat Falls Inquiry

The Muskrat Falls Hydro Project was a financial mistake. The manner in which the Newfoundland government and its instrument, Nalcor, went about justifying the insistence […]

Read full article | No Comments »

You can’t buy your beer and cigarettes in Quebec

R. v. Comeau (2018) SCC reinforces the law we all grew up with. You’re not allowed to go over to Quebec to buy your cheap […]

Read full article | No Comments »

Why does the US withhold my dividends?

    Every Canadian with an investment account knows that you used to lose 30% tax withholding on various investment-dividends from US stocks. This 30% […]

Read full article | No Comments »

s.8 of the Interest Act requires that interest rate on the borrower does not change

    Krayzel Corp. v. Equitable Trust Co., [2016] 1 S.C.R. 273, is an excellent example of how a classic credit situation, when put on […]

Read full article | No Comments »

Copyrighted all rights reserved 2019 Edward Conway | Ottawa Web Design