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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 […]

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what happens when the promissory note has excessive fees and extras?

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 […]

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How should the mortgagee in possession appraise partially developed land?

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 […]

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improvident sale by mortgagee in possession

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 […]

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Power of Attorney self dealing is breach of fiduciary duty

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 […]

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Was Dad mentally incapable of cut his children out of the will?

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 […]

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Being incompetent to manage your own property does not mean you cannot marry.

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 […]

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I just got terminated what happens to my shares?

(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 […]

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does VISA clearly tell you your ANNUALIZED interest rate?

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 […]

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Does my “Freedom of Expression” allow me to accuse someone of criminal conduct?

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 […]

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summary judgment: the hardest part is ‘how much damages should be paid’?

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 […]

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creditors have to annualize interest rates in their instruments

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 […]

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Can you cut down a tree on the boundary of your property?

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 […]

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what happens when the other side will not produce documents?

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, […]

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Civil Suit Against the Police for False Arrest

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 […]

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Can one of your several on-line girlfriends suddenly call herself your ‘spouse’?

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 […]

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What if another Ottawa resident injures me in Quebec?

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 […]

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What is the importance of a separation date?

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 […]

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The spouse refuses to produce all financial documents

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 […]

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Legal Action against Government, a Hospital or University? Should you go thru the internal process?

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 […]

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What to do if I get bullied on Twitter or Online for my views?

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 […]

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What does the royal prerogative have to do with Tesla car subsidies?

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 […]

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What does a creditor do when a debtor is hiding behind corporations?

Piercing the corporate veil     It is standard practice in Ontario to set up corporations to hold assets or to transact business. In Ontario […]

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valuing shares after a shareholders dispute

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 […]

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Professionals Operating as Corporations in Ontario

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 […]

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