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Duty to Disclose on Life Insurance Applications: People who throw grenades inside airplanes have to disclose that fact to the insurer.

Mahmoud Mohammad stormed an El-Al plane in 1968, threw grenades and was convicted of manslaughter. His buddies in the PLO stormed another El Al plane […]

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Standard Charge Terms in a Mortgage: What costs can the Mortgagee recover?

In 30724453 Nova Scotia Company v. 1623242 Ontario Inc., 162 was the mortgagor and 307 was the mortgagee of a commercial property (an old non-functioning […]

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Oppression: Going after the company when the oppressive director is judgment-proof

There is no little irony in that Markus Koehnen (now Superior Court Judge), was both quoted by Cote J. in the unanimous supreme court of […]

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What do you do when you are not treated the same as the other shareholders?

The oppression remedy can be used to impose personal liability against a party involved in the oppression. Because personal liability runs counter to the long-established […]

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Derivative action: shareholder-tool to make sure directors are not self-dealing

Drake v. Goodwin 2019 ONSC 2865 is the latest derivative action case in Ontario. The details are explained elsewhere. Suffice it to say, the Divisional Court […]

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Was the motion judge in Beatty v Wei right in economics (though wrong in law), to impose a warranty upon the seller?

Beatty v. Wei, 2018 ONCA 479 (CanLII), Beatty sold a house to Wei. Apparently unknown to Beatty, the house had been a grow-op sometime in […]

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What do I do if the house I bought turns out to have been a grow-op?

In Beatty v Wei and ReMax [2018] ONCA 479, Brown J.A. reversed the motion judge on whether a seller’s warranty needs to be true at […]

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So you made a contract which is too onerous, then you and the other guy agree to an informal relaxation. Can you assert that new ‘agreement’ in court?

Most lawyers remember Central London Property Trust Ltd. v. High Trees House Ltd. [1947] 1 KB 130. It was the case that introduced ‘reliance’ into contract […]

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If your service of documents is wrong your case will fail

A comment on minimum conditions of personal service Everybody knows that they have to serve the opposing party. There are numerous examples where service fails […]

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A typical successful Ontario personal injury action where the Plaintiff gets nothing and the lawyer doesn’t get paid

Bosnali v. Michaud [2019] O.J. No. 2337 is a perfect example of the plaintiff holding out for too much and ultimately getting nothing. Bosnali was […]

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What do you do when the controlling shareholder has made unauthorized payments to himself?

There were 17 Ontario cases on derivative actions in 2019. Possibly the most important is Drake v. Goodwin [2019] OJ No. 2543 Drake and Goodwin, […]

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What is the value of an appraiser’s report based entirely upon hearsay?

In Saint John(City) v. Irving Oil Co [1966] SCR 581, Irving Oil, owned a gas station on land that the City of Saint John lawfully […]

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Because mom and dad were spies sixteen years ago, so now i’m no longer a Canadian citizen?

In Minister of Citizenship and Immigration v. Vavilov [2017] FCA 132, we have mom and dad, Russian spies, who had once spy around in Canada, […]

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