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Wednesday, December 11, 2019 @ 8:40 AM

SALE OF LAND - Agreement of purchase and sale - Validity - Deficiency in formality

Appeal by the plaintiffs from refusal of a claim for specific performance of a contract to purchase a residential property. ... [read more]

Tuesday, December 10, 2019 @ 11:57 AM

Downey stresses modernization in unveiling reforms to legal aid, law society legislation Doug Downey sm

Bill 161, the Smarter and Stronger Justice Act, introduced by Attorney General Doug Downey on Dec. 9, proposes amendments to over 20 Acts and, if passed, will impact the legal regulator, Legal Aid Ontario (LAO), class actions and how lawyers practise in different areas across the province. ... [read more]

Tuesday, December 10, 2019 @ 11:33 AM

Creating condo democracy handelectronicvote.jpg

In 2017, the Ontario Ministry of Government and Consumer Services amended the Ontario Condominium Act legislation by adding “electronic voting” to the list of options condominium owners can use alongside proxies and paper ballots when voting on decisions affecting the management of their condo corporations. This has started a small-democracy debate over what systems are best suited for condominium owners, and whether or not proxies should be abolished altogether. ... [read more]

Tuesday, December 10, 2019 @ 8:04 AM

REGISTRATION OF DOCUMENTS - Lis pendens or certificate of pending litigation - When available

Appeal by the plaintiff from a decision cancelling the certificate of pending litigation on the basis that the claim described did not allege an interest in an existing piece of land capable of legal identification or registration in the land title system. ... [read more]

Monday, December 09, 2019 @ 12:29 PM

Tree law in Canada: Loss of privacy Trees

Across Canada, many trespass cases include a claim for damages involving loss of screening and privacy. Screening is a physical barrier, often in the form of a hedge, or groups of plants such as shrubs and trees. The basis for the claim is that the change in screening now permits a person to easily see into the formerly secluded area, or that the plaintiff can now look out and see people or other things — hidden before the damage — that they do not want to see. ... [read more]

Monday, December 09, 2019 @ 9:15 AM

MORTGAGES - Power of sale - Sale proceeds - Distribution - Priorities

Appeal by Patrick Street Holdings from a decision of the applications judge that determined the validity, value and priority of claims against the subject property. ... [read more]

Friday, December 06, 2019 @ 1:49 PM

Terminating condominium agreements of purchase, sale unfinished building

Buyers of pre-construction condos ought to understand that there are a number of uncertainties that go with these purchases. As these units are often marketed to purchasers before construction has begun, the unit may not be as visualized by the purchaser. ... [read more]

Friday, December 06, 2019 @ 10:35 AM - Last Updated: Friday, December 06, 2019 @ 3:55 PM

Gov’t’s indemnity doesn’t insulate ex-paper mill owners from costs to monitor, maintain waste disposal site Supreme Court Justice Rosalie Silberman Abella

The Supreme Court of Canada has ruled 4-3 that two former owners of a northern Ontario pulp and paper mill which polluted nearby rivers with mercury are not insulated by a 1985 indemnity signed by the Ontario government from paying the costs to monitor and maintain a mercury disposal site, as ordered in 2011 by the Director of the Ministry of Environment. ... [read more]

Thursday, December 05, 2019 @ 11:10 AM

Serving legal papers via social media Thumbsupicon.ca

As many lawyers know, locating and personally serving a defendant with a statement of claim can at times be an onerous process and it can especially be troubling if you are having difficulties locating the defendant. ... [read more]

Thursday, December 05, 2019 @ 8:03 AM

PLANNING AND DEVELOPMENT - Heritage property protection

Appeal by the Town of Oakville from a judgment interpreting the Ontario Heritage Act. ... [read more]