Occasionally a case is decided that gives a great list of tests for torts and a good fact situation to illustrate them. Alleslev-Krofchak v. Valcom 2010 CarswellOnt 8085 (C.A.) is one such case. Facts The individual plaintiff, who had worked … Continue reading
We have discussed the death of a corporation before: see June 1998 newsletter. If a corporation does not live up to its obligations (e.g. file tax returns), it may be dissolved pursuant to section 241 of the Business Corporations Act. … Continue reading
In our August 2009 newsletter (see “Mitigation”), we discussed Southcott Estates Inc. v. Toronto Catholic School Board (2009) 78 R.P.R. (4th) 285 (Ont S.C.J.). The defendant appealed and the Court of Appeal has now rendered its decision: 2010 CarswellOnt 4721. … Continue reading
When does a client know, having regard to the nature of the injury, that an action against a lawyer in negligence would be an appropriate means to seek a remedy? Is it when the client knows that he has suffered a loss against which his lawyer ought to have protected him or when he knows that his lawyer negligently caused his loss? This issue was discussed in Sheeraz v. Kayani (2009), 99 O.R. (3d) 450 (SCJ). Continue reading
A vendor’s lien allows an unpaid vendor to claim an interest in land, even without a mortgage in the vendor’s favour. However, the vendor may still have priority problems. The priority issue was discussed in Hosseini v. Salerno 2010 CarswellOnt938 … Continue reading
Have you ever heard of it? Aside from some cases out of England and the occasional article, neither had we. However, it has now been dealt with, at least peripherally, in Aronowicz v. Emtwo Properties Inc. (2010), 64 BLR (4th) … Continue reading
The witch is dead. Which old witch? The wicked doctrine of fundamental breach. She’s gone, she’s gone, she’s gone – to the happy resting ground occupied by the likes of the doctrine of last chance and res ipsa loquitor. The … Continue reading
The Nipissing Law Association and LSUC have waged a long battle against Maureen Boldt, a paralegal and former North Bay councillor, who was practising law without a licence. As part of that battle, The Honourable Madam Justice Hennessy found Boldt in … Continue reading