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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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So I made and offer to settle, then I won at trial, but I don’t get my full legal costs? What to do?

In Barresi v.Jones Lang Lasalle Real Estate Services [2018] O.J. No. 2161, Jones induced Barresi away from a competitor to become Jones’ Ottawa Lead’. The […]

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What do you do when your deceased spouse gives the estate to someone else?

In Trezzi v. Trezi [2019] O.J. No.6308, the deceased Peter, who owed a construction company, throw the cat among the pigeons in death, by deciding […]

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You have been damaged but you don’t have the precise information on who did it: what to do?

In Rogers Communication Inc. v. Voltage Pictures LLC [2018] 2 SCR 643, Brown J., for the court, cites Alberta (Treasury Branches) v. Leahy [2000] ABQB […]

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The latest supreme court decision on extra-territoriality

1068754 Alberta Ltd. v. Québec (Agence du revenu), 2019 SCC 37 (CanLII) Executing judgement is always the hardest part. Canada has five big banks, most […]

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What do you do when someone has defrauded you and you want to get at their bank accounts?

In Rogers Communication Inc. v. Voltage Pictures LLC [2018] 2 SCR 643, Brown J., for the court, cites Alberta (Treasury Branches) v. Leahy [2000] ABQB […]

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The most recent Ontario case of an unsuccessful continuance of Mareva injunctionn

D.S.B. Systems Ltd. (c.o.b. Safelink Security) v. Kastem Security Solutions Ltd., [2019] O.J. No. 5751   Bauco was the senior manager of D.S.B. Systems, which […]

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Mareva injunction: the most recent case on the test to set aside

Fraud continues to be the big factor in granting (and continuing Mareva injunctions). Fraud needs to be pleaded. The Ontario Superior Court in Trade Capital […]

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What do you need to show to freeze the bad guy’s assets?

The Most recent Mareva Injunction cases in Ontario (Ontario Professional Fire Fighters Assn. v. Atkinson, [2019] O.J. No. 3410) is the classic case of a […]

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An example of abuse of process in using the Rules of Civil Procedure too aggressively

Bronson Consulting Inc. v. Canada (Attorney General), [2019] O.J. No. 6142 Bronson Consulting lost a $200M Visa call center tender contract. Bronson set out to […]

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The trial judge’s authority to reject settlements

  It is rare for a judge to reject a family law settlement reached between parties represented by counsel. Counsel take it as almost a […]

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You’re not getting nothing when I die! I’m giving it to my sons.

When passing away comes into contemplation, all sorts of family dynamics come into play. In Orpin v. Littlechild (2011) ONSC 7695, old Mr. Littlechild was having difficulties […]

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So what if I don’t fill out the Long Form Census? What Happens?

Most people know that they have to fill out the census form. Not many people see statisticians as police officers but the Statistics Act contains […]

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You think your insurance policy covers fraud but it doesn’t really cover fraud

Everyone has an insurance policy. You never turn your attention to it until it’s too late. Then you are told that the thing you thought […]

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The Trans Mountain Pipeline goes to the Supreme Court of Canada

Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 (CanLII)   Is Trudeau going to get that pipeline through British Columbia? Everyone is aware […]

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what does it mean when a judge ‘pierces the corporate veil’?

Why do people act through corporations? The main reason for operating through a corporation is to avoid personal liability. This legal instrument has propelled the […]

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Galiedan v. Rawdah (Ontario superior court ‘returning’ a Canadian citizen child to Dubai)

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Hague Convention on Civil Aspects of Child Abduction

In the case of Thomson v. Thomson [1994] 3 SCR 551, 17 year old Amanda Thomson married Paul in 1991 and has a child in […]

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