"Building Relationships" – Lawyers
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June 2010
Aronowicz v. Emtwo Properties Inc.
Shotgun sale information not disclosed waiver of tort
Hosseini v. Salerno
Lien for unpaid purchase prince subsequent mortgage for purchase price takes priority unless lien reserved in deed
April 2010
Tercon Contractors Ltd. v. British Columbia
Fundamental breach - tender exclusion clause for damages if breach of duty
February 2010
Davy Estate v. Egan
Mitigation action against lawyer Negligence Act contribution
Boldt v. Law Society of Upper Canada
Discontinue action liability for costs preferable to amend
December 2009
Erie Sand & Gravel Ltd. v. Seres' Farms Ltd.
Statute of Frauds agreement to agree part performance acts to be unequivocally referable to land view
acts of both parties - unconscionable act to detriment specific performance
October 2009
Du Vernet v. 1017682 Ontario Ltd.
Validity of contingency agreement requirements of section 28.1 of Solicitors Act oppressive and unreasonable
assessment of fees
Berry v. IPC Securities Corp.
Demand note or not effect of amendments regarding demand notes after January 1, 2004
August 2009
Southcott Estates Inc. v. Toronto Catholic District School Board
Best efforts to fulfill condition specific performance damages mitigation loss of chance consequential loss
for sale of development land
June 2009
Employee or independent contractor - employment contract replacing prior contract is it valid consideration
forbearance to terminate tax benefits contract signed after work commences
April 2009
Italiano v. TSCC No. 1507
Arbitration condominium and owner noise complaints costs
February 2009
Shafron v. KRG Insurance Brokers (Western) Inc.
Restrictive covenant ambiguous in geography blue pencil severance - notional severance - rectification
December 2008
M. McGrath Ltd. v. Gibson LLP
Fraudulent cheque trustee paying to beneficiary based on cheque beneficiary not repaying funds unjust
enrichment mistake
Ranonicich v. Reamy
Self-represented litigant noting in default when knew of lawyer acting for defendant inflammatory statements -
chastised
October 2008
Joseph v. Paramount Canada's Wonderland
Limitations Act special circumstances no longer valid to join parties after expiry of period
never were valid to commence new action
H.L. Staebler v. Allen
Non-competition covenant rather than non-solicitation covenant overbroad and therefore unenforceable
August 2008
Jedfro Investments (U.S.A.) Ltd. v. Jacyk
Termination of agreement means unjust enrichment juristic reason
June 2008
Joseph v. Paramount Canada's Wonderland
St. Jean v. Cheung
Limitations Act expiry special circumstances for new action - special circumstances to join new parties to
existing action section 21(1).
Best v. Deal
ticket case limitation of liability no contract
April 2008
Guillemette v. Doucet
Assessment of solicitor's account Limitations Act, 2002 2 years unless special circumstances
Frohlick v. Pinkerton Canada Ltd
Conflict between Rule 26.01 and Limitations Act, 2002 amending claim after limitation period passage of
limitations period is prima facie prejudice that cannot be compensated special circumstances
February 2008
Reviczky v. Meleknia
Fraud priority deferred indefeasibility opportunity to avoid fraud deal with fraudster duty to enquire - agency
Champlain Thickson Inc. v. 365 Bay New Holdings Ltd.
costs
December 2007
Champlain Thickson Inc. v. 365 Bay New Holdings Ltd.
Condition precedent whether damages arise was condition met commercial absurdity
October 2007
Lisik v. Personal Insurance Co. of Canada
Setting aside default judgment sharp practice duties of barrister
August 2007
Stack v. Zizman
Statute of frauds part performance test necessary for actions to unequivocal to contract
Royt v. Goldenberg
Minot encroachment on City land requisition for rescission misrepresentation must be material seller's
property information statement
June 2007
Logger v. Bear Inc.
Upgrade costs confiscation clauses setoff
York Condominium Corporation No. 283 v. Jay-M Holdings Inc.
Ultimate 15-year limitation period transition period
Liorti v. Menzies
Who is client direction for funds direction regarding agency breach of trust equitable damages leave refused
April 2007
Hare v. Hare
Demand note cause of action runs from date of note not date of demand limitation period
Liorti v. Menzies
Who is client direction for funds direction regarding agency breach of trust equitable damages
February 2007
Liorti v. Menzies
Who is client direction for funds direction regarding agency breach of trust equitable damages
December 2006
Markey v. Tarion Warranty Corp.
Compensation for closing delay new homes Licencing Tribunal
agreement of purchase and sale amendment waiver of rights
October 2006
Webb v. Tomlinson
Independent legal advice meeting notes advice on failure
of businesses in general
Joseph v. Lefaivre Investments (Ottawa) Inc.
Party to action sues other party and solicitor for conspiracy and negligence for commencing action not
unlawful no duty of care
August 2006
Laredo Construction Inc. v. Sinnadurai
jurisdiction in Divisional Court squabble between courts stare decisis
Somerleigh v. Polhill
assessment adversarial upset client
June 2006
D'Amore Construction (Windsor) Ltd. v. Lawyer's Professional Indemnity Company
lawyers advice professional courtesy no duty to non-client
Woodcliffe Corp. v. Rotenberg
release no claim over clause stay if action and third party action insert exception
April 2006
Household Realty Corp. v. Liu and Chan
CIBC Mortgages Inc. v. Liu and Chan
CIBC Mortgages Inc. v. Saskatchewan (Registrar of Land Titles)
fraudulent power of attorney fraudulent mortgage immediate indefeasibility - deferred
indefeasibility mortgage validity
February 2006
Peachtree II Associates-Dallas LP v. 857486 Ontario Ltd.
limited partnership enforce penalty relief from forfeiture common law equity
Thomas v. Thomas Health Care Corp
rights to documents for directors and shareholders right to financial records sections
140-146 Business Corporations Act guarantee at stake
December 2005
Fareed v. Wood
power of attorney poa for property duties of attorney fiduciary duty accounting compensation - bankruptcy
October 2005
IT/Net Inc. v. Doucette
Departing employee duty not to use confidential information fiduciary duty
non-competition convents - solicitation
August 2005
Pacific National Investments v. Victoria (City)
Unjust enrichment test deprivation - juristic reason
June 2005
Fotwe v. Citadel General Insurance Co.
Privilege mistake in sending document removal of solicitors - prejudice
April 2005
Mariani v. Lemstra
Real estate house deficiencies latent fraudulent misrepresentation negligent misrepresentation caveat emptor
entire agreement clause negligent construction - damages
February 2005
Laski v. Chan
Real estate transaction switch chattels fraud punitive damages
Lingg v. Mills
Lawyer's account 22 years before render account interest claimed inadequacy of account
December 2004
Scavarelli v. Bank of Montreal
Fiduciary duty bank advice given small business loan lawyer's advice
2004
Melko v. Estate of Lloyd
Declaration on closing more stringent than in agreement of purchase and sale unenforceable for
no new consideration - betterment
Boschetti v. Sanzo
Condominium reserve fund negative balance - work orders disrepair warranty to complywith work orders.
August 2004
Wade v. Turpin
Writing - Statute of Frauds part performancePatel v. Ghuman
Liable regardless if insufficient funds
June 2004
Bessie v. Arsenau
Solicitors' negligence - duty of care - insurance policy - family law
Saved by Technology Inc. v. Thomas
Limitation period - commences for mortgage when mortgage is in default
April 2004
Century 21 Success v. Gowland
Purchaser could not close agent sued for commission vendor not required to sue no quantum
meruit on commission matter
National Trust v. H & R Block Canada
Supreme Court of Canada decision
Bulk Sales Act no approval or consent no damages if lost nothing because of lack of consent
Prosperine v. Ottawa-Carleton
Costs for motion claimed at $121,000 - $30,000 awarded
February 2004
National Trust v. Newmaster
Floating mortgages discharge line of credit not fully paid prejudice to debtor reliance oflawyer
December 2003
Kaur v. Moore Estate
Breach of agreement conspiracy inducing breach of contract aggravated damages punitivedamages
October 2003
Susin v. Baker
Delay in setting down for trial - prejudice.
August 2003
Tripkovik v. Glober
Limitation to assess runs from date of account particularity of account.
Williams & Prior v. Taskon Construction
Lien on tenancy lien must name tenant2003
Excellent Fashion v. Namdev Property Management
Change locks terminate tenancy illegal distress improper appraisals improper sale
Melko v. Lloyd Estate
Condition to best of knowledge no consideration for better condition than set out in
agreement for purchase and sale
April 2003
Turi v. Swanson
Lawyer's professional negligence note sufficiency omitting consequences of not following
advice advice to be in writing - damages
February 2003
Medicare Healthcare Inc. v. Shoppers Drug Mart
Rule in Foss v. Harbottle no cause of action for shareholder for corporation's loss personal action not derivative action
Toronto (Overseas) Freight Services v. Grover
Bulk Sales Act bulk sale definition - salvage costs valuation payment of
proceeds trustee
Leave to appeal granted to Supreme Court of CanadaTuri v. Swanick
Lawyer liable for not explaining consequence of actionDecember 2002
Van Patter v. Tillsonburg District Memorial Hospital
Sinclair-Cockburn Insurance Brokers Ltd. v. Richards
Release contribution and indemnity binding abuse of process
October 2002
Gedja Holdings Inc. v. Gondosch
Undue influence guarantee constructive knowledge ILA - independent legal
advice - ILA
July 2002
Griffiths v. Zambosco
Judgment when not sued negligence to joint owners assignment of executions
unjust enrichment
2002
Bank of America Canada v. Mutual Trust Co.
Compound interest - contract damages expectation interest restitution interest
efficient breach
Re Dylex Ltd.
Fraud allegation - solicitor- client privilege lost
Scanlon v. Standish
Rule 49 common law on settlement offer offer before action commenced
2002
Cook v. Craig
Independent legal advice - ILA - non est factum - breach of fiduciary duty - withholding
information - conflict of interest
2002
Lemieux v. McCullough
Fiduciary duty agreement already negotiated
More Bulk
Bulk Sales Act payment of secured creditors
2001
Toronto (Overseas) Freight Services v. Grover
Bulk Sales Act bulk sale definition - salvage costs valuation payment of proceeds trustee
October 2001
Pentland v. Anderson
Negligence Act solicitors actions attributed to client agent prejudice third party action solicitor not liable to non-client
August 2001
Fair Oppression
Downtown Eatery Ltd. V. Ontario
Common employer oppression good faith unnecessary
Bad Faith Bargaining
Midwest Management v. B.C. Gas
PCC No. 505 v. Cam-Valley Ltd.
June 2001
Pieckenhagan v. 1030553 Ontario Limited
Due diligence no vendor representations power of sale Mortgages Act
Contract Air Compressors Inc. v. A.W. Service Industries Inc.
Set-off post-dated cheque bill of exchange
April 2001
Martel Building Ltd. v. Canada
No cause of action of negligent negotiation bargain in good faith maybe
February 2001
Ounce of Prevention
Kondra v. Rutherford, Yetman and Linton
Lawyer's retainer mere conveyancer
December 2000
Seal of Approval
Friedmann Equity Developments v. Final Note
Undisclosed principal seal on mortgage exception to rule agency agent liable, undisclosed principal not liable sealed contract rule specialty
No Principal
1080409 Ontario Ltd v. Hunter
Non-existent corporation - individual personally liable section 21 of Business Corporations Act (BCA) pre-incorporation contract
October 2000
CBAO to Rescue
Silaschi v. 1054473 Ontario
Intervention - vendor's lien - priority to mortgagee
Legal Fees
Plaza Financial v. National Bank
Assessment - special circumstances - disclose account and dockets
Retainer
Re Toronto-Dominion Bank and Cooper
True retainer - trust retainer - garnish seize
August 2000
I'll Pay - Guaranteed
Royal Bank v. Bruce Industrial Sales
CIBC v. Shire
Action on guaranty guarantee - guaranty guarantee agreement - change of terms of original loan - all guarantors do not sign - release of security
June 2000
Non-Client Duties
Wilhelm v. Hickson
Negligent solicitor liable to disappointed beneficiaries - will
De Los Reyes v. Timol
Solicitor for estate trustee - liability to opposing parties
April 2000
Sale or No Sale
Logozzo v. Toronto-Dominion Bank
Power of sale - right to redeem - clause in agreement - section 22 Mortgages Act
Defrauded
McIlroy v. Stanton
Fraud - changed original - solicitor reviewed copy only - damages
February 2000
Into the Breach
Guarantee Co. of North America v. Gordon Capital
Rescission - repudiation - fundamental breach - condition - restitution - limitation period
Arbitration
Kightly v. Beneteau
Shareholder's agreement - oppression
December 1999
Breath of Fresh Air
Wong v. 407527 Ontario
Solicitor's duty to renegotiate agreement - solicitor's duties after receiving agreement
Grasping Interest
Re 1037618 Ontario v. Thunder Bay
Interest not payable on arrears of realty taxes if taxpayer successful on appeal
October 1999
Assignment
Lee v. Korea Exchange Bank
Section 53 Conveyancing and Law of Property Act - legal assignment - equitable assignment - power of sale - notice of assignment
Closing
King v. Urban & Country Transport
Domicile Development v. MacTavish
Ready willing and able - extend closing - new closing date reasonable time to close - accept repudiation
August 1999
Illegal Distress
Falwyn Investors v. GPM Real Property
Illegal distress - terminate termination of tenancy - bailiff note - change locks
More Distress
Cowie Industrial v. National Clearance
Section 48 and section 50 - Landlord and Tenant Act - Commercial Tenancies Act - fraudulent - clandestine - penalty - double value of arrears or double value of goods - excessive distress
June 1999
Quick Closing Re-Visited
Sheardown v. Slater
Solicitor makes no notes - solicitor not believed - failed to make enquiries
Dog eat Dog
Parker v. White
Solicitor - good representation - misrepresentation - silence
April 1999
This Stinks
Vaz-Oxlade v. Volkenstein
Solicitor's duty to renegotiate agreement
Director's Liability
ADGA Systems v. Valcom
Strike out pleadings - personally liable for torts - even if act for corporation - independent tort - complaining parties contract with corporation - complaining parties do not contract with corporation
February 1999
Specialty
872889 Ontario v. Iacovoni
Agreement of purchase and sale - contract under seal - limitation period - signed sealed and delivered - lost seal
Sloppy Builder
Truster v. Tri-Lux Fine Homes
Name of corporation - personal liability - failure to use legal name on contract - section 10 of BCA Business Corporations Act - agent liability - change of name and status - notice
December 1998
Left Hand - Right Hand
Sherwood Design v. 872935 Ontario
Contract on behalf of corporation to be incorporated - pre-incorporation contract - adoption - section 21 BCA Business Corporations Act
Oppression
Levy-Russell v. Shieldings
Involuntary creditor - application under BCA Business Corporations Act - voluntary creditor
October 1998
Conflict of Interest
Spagnuolo v. Calderone Shoe
Remove solicitor from record for conflict
A Novel Approach
Gignac Sutts v. Harris
Oppression application under Business Corporations Act - section 248 BCA - personal liability of shareholders and directors - prospective creditors bring application - voluntary creditor - involuntary creditor
August 1998
Contract
Trans-Pacific Trading v. Rayonier
Acceptance by post - acceptance by fax - revocation of offer
Sue Whom
Taplen Construction v. Pascal
No partnership - corporation
Compassion
Schittone v. George Minkensky Ltd.
Employer voluntarily paying employee after accident - employee sues tortfeasor as trustee
Assessment
Re Enterprise Rent-A-Car v. Shapiro
Period for assessment starts after final bill of series of bills is delivered
June 1998
Death of a Corporation
Swale v. National Bank
602553 Ontario v. Shell Canada
Dissolution of corporation revival - effect on action
April 1998
Say it Nicely
Kleynhans v. Zucker
Absolute privilege nasty demand letter
Try Anything
1198728 Ontario v. Tally Capital
Inducing breach of contract
HUDAC (ONHWP) Revisited
Beer v. Townsgate
Registration
February 1998
Big Mouth
Yellow Submarine v. AGF Hospitality
Solicitor inducing breach of contract
Will Duties
White v. Jones
Hickson v. Wilhelm
Negligent solicitor liable to disappointed beneficiaries
Let's Make a Deal
Gyro Capital v. Franzke
Full performance of conditions is necessary condition to enforce a deal for lesser amount compromise debt
December 1997
Quick Closing Risks
Sheardown v. Slater
Writing
Builder Beware
Pavlic v. Town-Wood Homes
Elevation change merger of deed and agreement
Trust Under Land Titles
Re Randvest & 741298 Ontario
Trust Land Titles Act section 62 - registered title caution necessary
October 1997
Caught in a Bind
Re/Max Garden City v. 828294 Ontario Inc.
Kuhn v. Thiebault
Bitz v. Cami Automotive
Seal irrevocable direction consideration lawyer liable
HUDAC (ONHWP) Revisited
Grudzinski v. Ontario New Home Warranty Plan
Major structural defects house unusable uninhabitable
August 1997
Distress
Cowie Industrial v. National Clearance
Removal of chattels section 48 50 fraudulently clandestinely personal liability
Bum Cheque
Fisch v. Vojimrovic
Lawyer relying on uncertified cheque
February 1997
Getting Paid
Wells v. Biback
Special circumstances full report and account necessary
Conflict of Interest
Stritzel v. Wassenaar
Written agreement necessary
December 1996
Negligence Does Not Imply Damages
Canada Trustco Mortgage Company v. Praetorious
Mortgage priority
Canada Trustco Mortgage Company v. Bartlet
Bruhill v. House
Client would have entered transactions anyway
October 1996
Negligence Manual
Jaoen-Malgorn v. Irani
Solicitor's negligence real estate conflict of interest written notes report to client
HUDAC (ONHWP
Beer v. Townsgate
Skyrise Developments v. Abrahams
Registration before agreement of purchase and sale
August 1996
Reporting to Client
Ruetz v. Morscher
Account assessed report orally writing
Inducing Breach of Contract
Yellow Submarine v. AGF Hospitality
Solicitor Inducing breach asserting rights on behalf of client