Some cases can be described as “much ado about nothing” or “It is a tale … full of sound and fury, signifying nothing.” The case of M. McGrath Canada Ltd. v. Gibson LLP [2008] O.J. 1542 (SCJ) might be similarly … Continue reading
On occasion, we correctly analyse a case and, after an appeal, announce our correct analysis with great fanfare. On other occasions, our analysis may be a touch deficient and, after an appeal, we slink off in silence. In the case … Continue reading
When a party to an agreement loses his investment to another, the losing party is usually a touch upset and often looks to the legal process for compensation. Of course, there are many reasons for losing an investment and not … Continue reading
Are the ticket cases still alive and well? Just in case you forgot your 1st year law school contracts course, the moral of the story in ticket cases is that when given a ticket by a parking lot or a … Continue reading
Every one deserves a second chance. Or do they? Should a person who misses a limitation period be forgiven, so that an action is not struck? In the pre-2004 era, a plaintiff could claim special circumstances and be given dispensation … Continue reading
Since we are on a limitations theme, we felt that we should briefly discuss the interplay between Rule 26.01 regarding the amendment of pleadings and the Limitations Act. Rule 26.01 states that if a party requests to amend its pleadings, … Continue reading
The basic limitation period is now two years. The limitation period for the assessment of a solicitor’s account is 12 months, subject to extension for special circumstances. What happens when a client attempts to assess a solicitor’s account after two … Continue reading
Our newsletter of December 2007 discussed Champlain Thickson Inc. v. 365 Bay New Holdings Ltd. [2007] O.J. No. 3254 (S.C.J.). In that case, the judge held that a vendor did not meet conditions of the sale and therefore could not … Continue reading
Who you gonna call to ensure that there is no land fraud? The fraudbusters, of course. They are, specifically, a lawyer or a mortgagee – whether they want to be fraudbusters or not. That is the conclusion in Reviczky v. … Continue reading
In commercial real estate transactions, conditions are often inserted in agreements of purchase and sale. The conditions can be absolute (comply exactly or else) or they can be diluted somewhat (comply in all material respects). Regardless of the nature of … Continue reading