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interpretation of penal statutes (R. v. Carson, 2019 ONCA 396 (CanLII)

Bruce Carson was a senior advisor to Stephan Harper. Carson resigned in 2009 and immediately took up the position as executive director of Canada School […]

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mortgagee sale: doing it the lazy way: carrying out on sale when you should be running two sales

1427814 Ontario Limited v 3697584 Canada Inc., 2012 ONSC 156 (CanLII) 142 is the leading case exemplifying mortgagee negligence in the sale process. one of […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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% […]

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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 […]

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Who owns the post-separation value increase in the matrimonial home?

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 […]

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CSIS warrants

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 […]

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oppression: when the buyer of shares oppresses the seller

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 […]

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improvident sale injunction: how much marketing process evidence is necessary to get an injunction

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 […]

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Improvident sale injunction: using the mortgagor’s choice of agent

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 […]

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Improvident sale: asking for the injunction after the mortgagee has signed an agreement of purchase and sale

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 […]

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Constructive dismissal: but the guy resigned?

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 […]

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