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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Clarifying constructive notice

Thursday, February 23, 2017 @ 7:00 PM | By Jessica Hewlett

The recent decision of Justice Herman Wilton-Siege in Rakowsky v. Lavasani 2016 ONSC 6095 determined that in the context of the mortgage enforcement action, service of a statement of claim on a defendant’s attorney under a valid continuing power of attorney for property constitutes constructive notice on the defendant.

The defendant and his spouse emigrated from Iran in 2010 and purchased a condominium in Yorkville, which property was eventually placed solely in the defendant’s name (the property). Until February 2016, the couple resided primarily in Iran,...