The case of Davy Estate v. Egan, (2009) 97 O.R. (3d) 401 (C.A.) caught our attention because it summarises mitigation principles – so that we no longer have to rely on a 1932 English case – and deals with a … Continue reading
The courts have been attempting to bypass the Statute of Frauds for years, actually centuries. The requirement that an agreement for the sale of land be in writing to be effective makes sense – except when it does not – which, … Continue reading
Since we are in an “I told you so mood”, we will also report on the ultimate effect of a non-competition covenant in an employment agreement. The covenant was dealt with in H.L. Staebler Co. v. Allen [2008] O.J. No. … Continue reading
The decision in Hare v. Hare (2006), 83 O.R. (3d) 766 (C.A.) (i.e. the limitation period on a demand note runs from the date of the loan rather than the date of the demand) has been ameliorated by the 2008 … Continue reading
The Solicitors Act was amended a while ago to specifically allow for contingency fees, although, before the amendment, the practice was widespread and judicially recognised. Are lawyers following the rules set out in the Act? We suspect not. This has … Continue reading
As we all know, a vendor who has to comply with a condition prior to closing must use its best efforts to do so. In addition, if a purchaser incurs damages because the vendor fails in its obligations, the purchaser has … Continue reading
Consideration issues sometimes arise in a contractual dispute. For example, if one party does not like the terms of a contract, it may argue that the contract is unenforceable because there was no consideration for it. This often occurs in … Continue reading
Mediation and arbitration provisions were added to the Condominium Act, 1998. Presumably, the purpose of this was to make resolution of disputes cheaper for condominium corporations and their unit owners. However, not all disputes will be resolved cheaply. One example … Continue reading
Assume that a restrictive covenant, contained in an employment agreement, states that, once the employment is terminated, an employee cannot solicit business for one year from any of the employer’s customers doing business in the Greater Toronto Area (the “GTA”). … Continue reading
Much has been written about the principles of civility; the duties of a lawyer to the court and to other counsel; and the duties of a judge and opposing counsel to assist an unrepresented litigant during the course of an … Continue reading