Supreme Court Refuses Leave to Appeal: Toronto Real Est …

August 30th, 2018

On Thursday, August 23 2018, the Supreme Court of Canada (SCC) declined to hear an appeal that has been over seven years in the making. For the last seven years, the Toronto Real Estate Board (TREB) and the Competition Bureau have been litigating over the issue of sales-data policies. It all began when the Competition […]

 

Legal Grounds For Will Challenges

May 16th, 2018

The loss of a loved one can be a devastating and overwhelming experience. While mourning a loss, you may find yourself scrambling to ensure that all of your family’s affairs are in order, especially if you are listed as an Executor, Administrator, or Trustee of an Estate or Trust for the deceased. However, many individuals […]

 

Third Party Litigation Funding: Where is it in Canada?

November 29th, 2017

Third party litigation financing presently plays a role in class actions and personal injury cases in Canada. After the event (ATE) insurance is increasingly common for plaintiffs to obtain in pursuing a personal injury case. Such insurance covers the expense that unsuccessful party has to pay towards the successful party’s legal fees. This is invaluable […]

 

Is Ontario Really the Litigation Capital of Canada?

February 13th, 2017

By: Daniel Frank It is a commonly held belief that Ontario is the litigation capital of Canada. With more lawyers than any other province, a greater population and far larger economy, this idea is intuitive and easy to believe. However, the question remains; are individuals and corporations located in Ontario more likely to litigate than […]

 

Das Scandal: Looking at Canadian Director and Officer L …

February 5th, 2016

By Ivan Merrow Volkswagen (VW)’s ex-CEO Martin Winterkorn is being investigated for fraud allegations by German authorities in the wake of the company’s emissions rigging scandal. According to news sources, VW has come clean about distorting its cars’ emissions data, but the damage has already been done. Reuters reports that the German prosecutors’ criminal investigation […]

 

Creditors not Qualifying as Repairers for Lien Purposes

December 3rd, 2015

By Michelle Stephenson Affirming a lower court decision, the Ontario Court of Appeal in SG Air Leasing Limited v. Inchatsavane Company (Proprietary) Limited recently addressed who qualifies as a “repairer” under the Repair and Storage Liens Act. In short, the Act gives a party who has made repairs on an article and does not get […]

 

Court finds dissolved California corporation eligible t …

October 27th, 2015

By Michelle Stephenson In Cirque du Soleil Inc. v. Volvo Group Canada Inc. et al., one Defendant, Power and Electric Co. Inc., sought to have the action against it dismissed on the basis that, as a dissolved foreign corporation, it lacked the capacity to be sued in Ontario courts. This Defendant was a California corporation […]

 

Small Claims Court Redemption: Decisions Not Held to Sa …

September 1st, 2015

By Ivan Merrow Over the past several years one Small Claims Court Deputy Judge’s decision has gone the distance: his trial decision was overturned by the Divisional Court but was then reinstated in the Ontario Court of Appeal (ONCA). The appeals concerned the sufficiency of the Deputy Judge’s reasons. Were the reasons for his judgment […]

 

Secured transactions, personal property and collateral

June 4th, 2015

By Victoria Yang Oftentimes when companies or individuals loan money, they want that loan to be secured. That means the lender has an interest in some specified personal property of the borrower (or debtor) which secures payment or performance of the loan being repaid. For instance, if a loan is secured by the borrower’s motor […]

 
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