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Wednesday, March 11, 2020 @ 12:38 PM

Powers of attorney for mobile clients: Other jurisdictions and Ontario suitcase_travel_sm

More thought and planning is needed to deal with incapacity issues in our increasingly mobile society, in particular powers of attorney for personal care and advance health directives. Without proper planning, should a person become incapable and live or have assets in other jurisdictions, they and their family could be subject to court proceedings to appoint a guardian or equivalent, which is intrusive, expensive and subject to ongoing court supervision. ... [read more]

Tuesday, March 10, 2020 @ 8:24 AM

SALE OF LAND - Agreement of purchase and sale - Breach of - Express term

Appeal by the defendant purchaser from trial judgment finding that it breached the agreement of purchase and sale and its duty of good faith contractual performance, the dismissal of its counterclaim for return of the deposit and from the damages awarded. ... [read more]

Monday, March 09, 2020 @ 9:41 AM

CONDOMINIUMS - Right to sue on behalf of unit owners

Appeal by the defendant property manager from the dismissal of its motion for summary judgment dismissing the respondent Condominium Corporation’s action for alleged construction deficiencies. ... [read more]

Tuesday, March 03, 2020 @ 11:09 AM

Big changes coming to real estate services industry Littlehouse

On Feb.  27, 2020, the Ontario legislature unanimously passed the Trust in Real Estate Services Act, 2020 (TRESA). These changes will have an impact on the more than 90,000 registered real estate salespersons, brokers and brokerages in Ontario.  ... [read more]

Tuesday, March 03, 2020 @ 8:03 AM

CONTRACTS - Building contracts - Cost plus contract

Action by Infinity Construction for damages arising from unpaid invoices. ... [read more]

Monday, March 02, 2020 @ 2:41 PM

Clark Wilson adds two associates

Clark Wilson LLP announced that associates Sam Shury and Sarah Tradewell have joined the Vancouver firm.  ... [read more]

Monday, March 02, 2020 @ 8:46 AM

The Russian dog theory of litigation: A fable | Barry Landy

Gentle readers, I propose to regale you with a fable. ... [read more]

Friday, February 28, 2020 @ 10:37 AM

Trees: The self-help approach Treewithroots

Tree branches and roots growing across a property line are a common source of nuisance between neighbours. (Lemmon v. Webb (1894)) is the foundation of what is known as the self-help rule. Several large trees growing on the plaintiff’s land had branches overhanging onto the defendant’s property. The defendant, Webb, without notifying the plaintiff, and without trespassing onto the plaintiff’s land, cut several branches back to the boundary line. The court upheld the right of the defendant to cut back the branches. The defendant did not trespass on to the tree owner’s property to do the cutting. The court did not require the tree trimmer to notify the tree owner prior to making the cuts. ... [read more]

Thursday, February 27, 2020 @ 1:09 PM

Powers of attorney for mobile clients: Separate situs suitcase_travel_sm

Many of us are familiar with the use of multiple wills for those with assets in different jurisdictions. But what about multiple powers of attorney? ... [read more]

Friday, February 21, 2020 @ 2:06 PM

Humour in the practice of law: Seriously | Marcel Strigberger

Are you sometimes overstressed practising law? Is your sense of humour dormant or even worse, muzzled? Of course not, but if it is … ... [read more]