improvident sale: isn’t it enough to get two appraisals and three offers?
The rules that apply when a mortgagee in possession is selling a piece of urban residential real estate, are not enough, when the property is […]
The rules that apply when a mortgagee in possession is selling a piece of urban residential real estate, are not enough, when the property is […]
In Dhaliwal v. Gulati, [2012] O.J. No. 641, Gurbakht wanted to buy the Quality in in Orillia, a resort town one hundred miles noth of […]
In mortgage sale cases court grant generous freedom to the mortgagee to be wrong about value. The mortgagee does not have to actually have to […]
What facts are important on an improvident sale motion with regard to undeveloped land? Because undeveloped land does not necessarily lend itself to ordinary real […]
Ontario and most provinces have Substitute Decisions Acts. When 90 year old dad becomes vulnerable because of his on-again off-again grasp of reality, the Substitute […]
The medical evidence tendered to support a will (that defeats one child in favour of another), usually consists of a doctor’s letter. Anyone who has […]
After five children, George lost his first wife in 1971 and his second in 1994. Thankfully, rich, distraught, old George had 31 year old waitress […]
(Mikelsteins v. Morrison Hershfield Limited, 2019 ONCA 515) tells us that with most shareholders agreements, the shareholder is deemed to have sold his shares back […]
The Ontario Court of Appeal ruling in Clear Flow restored order to the credit markets. In the spirit of magnanimity, it is appropriate to give […]
If you are on twitter and you accuse someone of criminal conduct, and you do it repeatedly, and you do it even after you know […]
Usually when your bookkeeper steals $350,000 from your company and you sue to recover the money, there is not much of a defence. The trend […]
Solar Power Network Inc. v. ClearFlow Energy Finance Corp., 2018 ONSC 7286 (CanLII) Solar Power Network Inc. v. ClearFlow Energy, 2018 ONCA 727 (CanLII) Solar […]
The law of nuisance requires that the nuisance be substantial and unreasonable before a court will give you an order. The judge made a definitional […]
The head of Walmart Canada, unthinking, called the Galea case ‘so unique it is a Harvard case study in the making’ (para 80). It is, […]
When a person is falsely arrested the old rule was that they had two years from the date of arrest to sue the police. The […]
In Climans v. Latner (2019), 144 O.R.(3d)743, Shore J. did what he should not have done and deemed the woman a ‘spouse’ even though she […]
What if you and the defendant both live in Ottawa but work in Gatineau. While at work (in Gatineau), the defendant sends a defamatory email […]
In Boyer v. Brown, 2019 ONSC 3011, Ottawa Judge Corthorn explains (at para.16) that it sets the date for calculation of value of net family […]
If you’re like most families, after the break-up, the children are living with one of you and the other person probably has most of the […]
What if you start an action against an institution, like the government, a hospital or university, but there is an internal appeal process that you […]
What if I say something ‘political’ on twitter and in response someone then says something terrible about me on Twitter? More people are having their […]
The royal prerogative and parliamentary privilege are generally misunderstood in Canada. When they do arise, it is generally some Canadian senator wrongly stating that the […]
Piercing the corporate veil It is standard practice in Ontario to set up corporations to hold assets or to transact business. In Ontario […]
In my view the biggest problem in shareholder disputes is ‘valuation’. Valuation is a dangerous business. Every economist knows there is only one ‘value’. That […]
Ontario has recently permitted professionals to operate as corporations. Ontario was careful to say that these professionals are held to the same negligence standards as […]