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Tuesday, August 06, 2019 @ 12:09 PM

INTERESTS IN LAND - Equitable interests - Resulting trusts

Appeal by the defendant Paul from trial judgment finding that the registered ownership of four parcels of land was subject to a valid and enforceable resulting trust in favour of the respondent plaintiff. ... [read more]

Tuesday, August 06, 2019 @ 10:44 AM

Severing joint tenancy in Nova Scotia done by trusting transfer, lawyer says

Co-owners of property in Nova Scotia wanting to sever the joint tenancy but retain their full share as part of their estate should do it by transferring their interest to someone whom they trust enough to give it right back, says a lawyer following a battle between two women over their family home. ... [read more]

Thursday, August 01, 2019 @ 12:07 PM

Protesters urge new Ontario AG to reverse cuts to legal aid Legal_Aid_Protest_1_sm

Ontario’s new attorney general must “stand up” to Premier Doug Ford and recommend that cuts to legal aid in the province be reversed, says an organizer of a recent protest by clinics serving racialized communities. ... [read more]

Thursday, August 01, 2019 @ 11:26 AM

Canada and U.S. are best friends when it comes to tax collecting American and Canadian Hands Shaking

Despite the rhetoric of current protectionist measures, we still live in an interconnected world. Not only do people, goods and services cross the border, but so do taxes. A good example of this interconnectedness is the Canada-U.S. Income Tax Treaty. Because they are friends who do for each other, Article 26A of the treaty allows the two countries to assist each other in the collection of taxes. ... [read more]

Wednesday, July 31, 2019 @ 3:38 PM

Foglers adds commercial real estate partner

Fogler, Rubinoff LLP announced that Joseph Fried has joined the firm’s Toronto office as a partner in the commercial real estate group.   ... [read more]

Wednesday, July 31, 2019 @ 9:14 AM

Powers of attorney and advanced care planning: Property power_of_attorney_sm

Statistics show many Canadians are living with disabilities and many will have a long-term disability. Coupled with our aging population, there is a serious need for everyone to have properly planned for incapacity. Our first article reviewed the legislative framework in Ontario for powers of attorney, reviewed the two most common types in Ontario and discussed what happens if you don’t make powers of attorney prior to becoming incapable. This article considers important issues involving continuing powers of attorney for property. ... [read more]

Friday, July 26, 2019 @ 9:17 AM

Red flags that your client’s lien rights are worthless redflag man

Builders’ and mechanics’ lien rights are often the only security for payment available to a trade contractor or supplier. Sometimes those rights turn out to be worthless. A party who is aware of the following “red flags” at the time of contracting can seek alternate security for payment or take other steps to protect themselves. These red flags are based on the Alberta Builders’ Lien Act, but similar issues pertain in other provinces and territories. ... [read more]

Thursday, July 25, 2019 @ 8:09 AM

GOODS AND SERVICES TAX (GST) - Rebates - New housing

Appeal by the Crown from a judgment of the Tax Court that determined the respondent was entitled to the new housing rebate. ... [read more]

Wednesday, July 24, 2019 @ 8:37 AM

MORTGAGES - Mortgagee’s remedies - Power of sale - Distribution

Appeal by the Bank from an order limiting the amount payable to it from the proceeds paid into court from the judicial sale of mortgaged property. ... [read more]

Monday, July 22, 2019 @ 8:42 AM

Knowledge of fraudulent person can’t be attributed to company Magnifying glass with calculator

The Supreme Court of Canada (SCC) answered a delicate question in its Christine Dejong Medecine Professional Corp. v. DBDC Spadina Ltd. [2019] S.C.J. No. 30 decision: If a company is used by someone who is committing fraud, can that company be said to have known about that fraud? ... [read more]