When does the limitation period start to run for the services a lawyer has performed: from the date that the retainer ends or from the date that is 30 days after the lawyer has rendered the account for the … Continue reading
Every now and then, the archaic concepts of champerty and maintenance rear their ugly heads. The last time we saw them was in the case of Clark v. Werden 2011 CarswellOnt 10331, 2011 ONCA 619. Parties Messrs. A, … Continue reading
We have a significant body of law dealing with tender and contract formation. We also have a significant body of law dealing with claims for extras. What happens when the law of contract formation and tender meets the law dealing … Continue reading
A customer sets up systems so that, to be valid, every cheque requires the signatures of two specified signing officers. The customer ensures that it signs a banking resolution to this effect and supplies its bank with that resolution. The … Continue reading
As we have discussed on prior occasions, debtors and creditors often play a cat and mouse game. Debtors hide or fraudulently convey their assets and creditors seek to find the assets or set aside the fraudulent transfers. Creditors are often … Continue reading
In order to hold a director or officer liable for a corporation’s breach of trust, the beneficiary of the trust must prove, under section 13(1) of the Construction Lien Act, that the director “assents to, or acquiesces in, conduct that … Continue reading
The saga of Re Edwards continues (see newsletters of April & August 2011). The credit union that had scooped a bankrupt’s RSP mere days before the bankruptcy, appealed an order of a judge of the Superior Court of Justice, who … Continue reading
Occasionally a case is reported and you have to wonder why it was ever litigated. One such case is Royal Bank of Canada v. Jaffer, a 2011 decision of the Ontario Superior Court of Justice. Did Not Want To The … Continue reading
A lawyer retains an expert on behalf of a client. Who is liable to pay the expert: the lawyer, the client, or both? This was the subject matter of 14013337 Ontario Ltd. v. MacIvor Harris Roddy LLP 2011 CarswellOnt 822 … Continue reading
The cases on limitations keep coming. Chimienti v. City of Windsor 330 D.L.R. (4th) 148 (Ont. C.A.), the latest, is interesting because it synthesises other cases. Action The plaintiff sued the police for false arrest and malicious investigation after the … Continue reading