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Wednesday, September 05, 2018 @ 9:14 AM

Decision finds title insurance covers losses due to unmarketable title title_insurance_sm

We had previously discussed the Ontario Court of Appeal decision in MacDonald v. Chicago Title Insurance Co. of Canada, 2015 ONCA 842. The first case following this decision is Breen v. FCT Insurance, 2018 ONSC 3644. In 1999, the Breen family purchased a cottage that had been custom built by a previous owner. Everything was above board — except for one finicky detail. ... [read more]

Tuesday, September 04, 2018 @ 11:58 AM

Osler partner named to Quebec Superior Court

Osler, Hoskin & Harcourt LLP announced that partner Sylvain Lussier has been appointed to the Superior Court of Quebec. ... [read more]

Friday, August 31, 2018 @ 3:55 PM

‘Five eyes’ officials agree to seek to enable police access to private encrypted info Ralph Goodale

Canada and the other “five eyes countries” are convening an “extraordinary” meeting of senior officials responsible for criminal justice, border protection and law enforcement with the aim of finding new ways to boost cross-border information sharing and their fight against “serious criminal threats.”     ... [read more]

Friday, August 31, 2018 @ 9:09 AM

Section 39 rights to information under the new Construction Act construction_information_sm

The first phase of amendments to Ontario’s Construction Act, R.S.O. 1990, c.C. 30 (the Act) came into force on July 1, 2018. The amendments included some limited additional rights to information, pursuant to a request delivered under s. 39 of the Act to an owner, contractor, subcontractor or mortgagee. One of the main additions is the right to particulars concerning the states of accounts between players involved in construction projects. It is to be noted that landlords are now subject to requests for information, arising out of their new liabilities under the Act. ... [read more]

Friday, August 31, 2018 @ 7:57 AM

PAYMENT OF INSURANCE PROCEEDS - Advance payments

Appeal by the insurer from summary judgment dismissing its action for repayment of excessive benefits paid to its insured. ... [read more]

Thursday, August 30, 2018 @ 3:51 PM

New partner Fotinos to lead Dentons’ Canadian franchising operation

Dentons announced that Helen Fotinos has joined the firm as a partner in its corporate group and will lead the firm’s national franchising and distribution practice in Canada. ... [read more]

Thursday, August 30, 2018 @ 11:50 AM - Last Updated: Thursday, August 30, 2018 @ 3:57 PM

Federal Court of Appeal quashes Trans Mountain pipeline, citing environmental, Indigenous concerns Dwight Newman, University of Saskatchewan College of Law

The Federal Court of Appeal has quashed the federal government’s approval of the contentious Trans Mountain pipeline project, saying the National Energy Board (NEB)’s review of the project was flawed and that Canada did not properly consult with Indigenous peoples who would be affected by the project. ... [read more]

Wednesday, August 29, 2018 @ 9:02 AM

The three months’ interest penalty: is it payable? three_payments_sm

Many mortgagees will add a three-month interest penalty to their Discharge Statements delivered to mortgagors who are in default. Frequently those mortgagees will also deduct the three months’ interest penalty from proceeds of sale even if they are the ones who have caused the property to be sold by Power of Sale. A recent Court of Appeal decision has confirmed, however, that such a penalty is not payable to the mortgagee out of proceeds of forced sale. ... [read more]

Tuesday, August 28, 2018 @ 1:56 PM

MacDonald new partner with BLG’s securities, capital markets group

Borden Ladner Gervais LLP (BLG) welcomes Cameron MacDonald as a partner in its securities and capital markets group. ... [read more]

Tuesday, August 28, 2018 @ 9:50 AM

Newfoundland: Minority parents and international entrepreneurs | Colin Singer

Visible minorities in Newfoundland and Labrador fear that the Children and Youth Care and Protection Act fails to account for cultural differences in parenting and caregiving. Parents say they are battling a misconception that they are too hard on their children or do not love them as much. ... [read more]