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Real Estate

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Wednesday, May 30, 2018 @ 1:56 PM

Court of Appeal clarifies a seller’s ‘knowledge and belief’ in real estate contract John Lo Faso sm

The Ontario Court of Appeal has allowed an appeal in a real estate dispute involving a property that was formerly used as a marijuana grow-op, clarifying in its decision the phrase “to the best of the seller’s knowledge and belief” portion of an Illegal Substance Clause contained in agreement of purchase and sale (APS). ... [read more]

Monday, May 28, 2018 @ 9:30 AM

Planning for succession of a cottage or vacation home: Getting personal watermelon_cottage_sm

For those who own a cottage or vacation home, who will inherit the property and how and when it will be inherited become serious concerns and are often worrisome. When planning for the succession of a cottage (or other vacation home), there are three main types of considerations to be reviewed: personal, tax and matrimonial issues. In this series of articles, we will summarize each of these considerations. ... [read more]

Friday, May 25, 2018 @ 9:22 AM

Quebec defendants must show need to force addition of new parties to litigation civil_suite_sm

Distinguishing “necessary” from merely “useful,” Justice Manon Lavoie in Vêtements de sport RGR inc. v. Me Jean Morin Notaire 2018 QCCS 1772 dismissed a defendant notarial firm’s attempt to add parties to the plaintiffs’ action for professional negligence. Justice Lavoie determined that the plaintiffs are still entitled to choose which defendants they will include in their litigation. The forced intervention of other parties can occur provided their presence as parties is necessary to the complete solution of the dispute as already framed. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]

Friday, May 25, 2018 @ 8:26 AM

TERMS - Classification - Conditions - Conditions precedent

Appeal by the plaintiff from an order of summary judgment dismissing his claim. ... [read more]

Tuesday, May 22, 2018 @ 9:05 AM

The new and the exciting in this year’s Ontario property taxes property_tax_sm

New and exciting? Is this article really about property taxes? Yes, it is. It has been over twenty years since the province introduced the Current Value Assessment system and concepts such as tax capping and clawbacks, vacant unit rebates and tax classes and sub-classes. Both the province and the City of Toronto have announced some exciting changes for 2018. ... [read more]

Tuesday, May 22, 2018 @ 8:55 AM

Definitive deference: How courts treat consultants’ decisions construction_consultant_sm

The consultant’s role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete for interim or final payment, rejecting work which fails to conform to the contract and determining deductions for any defective work. The consultant must be impartial in fulfilling its duties, including its decisions as to entitlement as between the owner and the contractor. This can be particularly difficult where either the owner or the contractor disagrees with the findings. ... [read more]

Thursday, May 17, 2018 @ 8:35 AM

Post-loss settlement bars insurer’s subrogated action apartment_fire_sm

In insurance law, subrogation refers to an insurer’s right to sue the party responsible for causing a loss to an insured in order to recover money paid out to its insured to satisfy a claim. Since a subrogating insurer is limited to enforcing only such rights its insured has against the party that caused the loss, problems can arise when an insured settles its uninsured losses with the tortfeasor and provides a general release of liability. In such circumstances, is the insured’s post-loss settlement effective to preclude the insurer’s subrogated action? ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]