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here are all my mortgage enforcement commentaries

How to address complex issues in mortgages and mortgage enforcement

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Ultra Vires: As to the ‘return’ words in s.40(3) of the Children’s Law Reform Act: where have we see these words before?

Is s.40(3) CLRA ultra vires the province? On the face of the section, the words direct that the court can order a party to return […]

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Taking jurisdiction: How does ‘necessity’ play into the jurisdiction-taking decision?

Traditionally, a party had to show a real and substantial connection to Ontario for the Ontario court to take jurisdiction. This was not traditionally much […]

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Will the Ontario court take jurisdiction over your case even though there are foreign parties?

In a connected world, so many transactions, from an Uber drive to buying on Amazon, are cross-border transactions that every Ordinary Joe is carrying on […]

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How does the doctrine of unconscionability affect your case?

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Is your contract ‘unconscionable’?

The idea that a contract that you are a party to is ‘unconscionable’ was pretty far-fetched, until the supreme court of Canada recently decided Uber […]

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Did the six-week delay from presentation to diagnosis and treatment cause my loss of vision? (The latest Ontario case)

Allison Skead started to have headaches and blurred vision in her right eye on or about May 1 2008. It took the medical system approximately […]

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So I can’t call someone a ‘used car salesman’ on the internet? How unfair!

Theralase Technologies v Lanter 2020 ONSC 205 (CANLii) is a case where a number of anonymous people posted defamatory statements about a company and its […]

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Search Warrants: What if the officer swearing the Information-to-Obtain affidavit makes mistakes about who told him what information as to the crimes on which the warrant was based?

What if the officer swearing the Information-to-Obtain affidavit makes mistakes about who told him what information as to the crimes on which the warrant was […]

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So you were injured in the hospital and you don’t know who to sue and there is a limitation period of 2 years? what to do?

Loy-English, a doctor, attended the Ottawa Hospital emergency room in January 2013 with stomach complaints. An endoscope was inserted orally to travel to the small […]

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Contempt: Contempt by a Municipality (the latest case)

Cloutier v. Ville de Saite Annede Beaupre [2019] J.Q. No. 10545: In 2014 the town of St. Anne de Beaurpre, close to Quebec City, was […]

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COVID 19: The first place it shows up in the case law (pretty tepid) [Compare this to how the Black Plague showed up in English law]

Unifor VCTA v Harbour Link Container Services Inc., 2020 CanLII 13198 (CA LA)   The union complains that the trucking owner is assigning too many […]

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So I want to turn my golf course into a residential development: then the city hits me with a ‘heritage’ designation

The Court of Appeal determined that a municipality, passing a set of (heritage) bylaws, the implicit purpose of which is to stop the transformation of […]

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So I can’t call someone a cheater and a bully on the internet? How unfair!

What if I use the Internet to say bad words about someone? How much is that going to cost me? case #1: Magno v. Balita […]

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Oppression: What if you were part of a start-up company, you were orally-promised shares, but the shares never materialized and you were fired?

Start-up share issuance has been the subject of a successful oppression remedy. In Fedel v. Tan [2010] 101 (3d) 481, In the first iteration of […]

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What if you worked on Dad’s farm for 27 years, he promised you a piece of the farm, Dad dies and Mom throws you off the land?

What type of improvement action provides ground for propriety estoppel (an equitable relief declaring land to be granted not in accordance with the Will). Mulholland […]

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Affirmative Action: Some empirical results from U.S. policing

  When Dickson first justified affirmative action in Canadian law C.N.R. v. Canada (Human Rights Commission), [1987] 1 S.C.R. 1114, as is typical of Dickson, […]

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What is the value of an independent prosecutor?

In Miazga v. Kvello Estate [2009] SCJ 51 the supreme court said this: [46] The independence of the Attorney General is so fundamental to the integrity and […]

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So you signed a share exchange agreement you didn’t get your shares? What to do?

Foo v. Yakimetz, 2002 CanLII 2662 (ON SC) In1995 Yakimetz and his business partner Dubreuil owned BGI Systems Integration Ltd. They were in financial difficulty. […]

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Implied Warranty: does your new laptop promise privacy?

Bennett v. Lenovo 2017 ONSC 1082 (CanLII) So you go to Best Buy and you buy a Lenovo laptop. Then you use your laptop. Then […]

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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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