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Larger Limits for Smaller Claims

Many clients have smaller monetary disputes that initially may not seem worth the effort to…

Verbal Terms Cannot Contradict the Written Contract

Introduction We all say we know the consequences of signing a legal document. We would…

The Northern Picasso and a Sale by Description

Introduction The deceased Anishinaabe visual artist Norval Morriseau was the founder of the Woodfield school…

Balancing Interests: Setting Legal Fees in a Class Action

Introduction The carriage of class proceedings is fraught with risk. It requires a significant commitment…

The Doctrine of Deferred Indefeasibility in Land Transactions

Introduction Cases involving two innocent parties involved in litigation after a fraudster has played and…

Mortgage Enforcement and Penalties

Introduction The general commercial practice for lenders is to include a contractual term imposing a…

Is There a Duty to Speak Up About Adverse Case Law?

Introduction A lawyer citing case law before an adjudicative body does so to provide authority…

Milosevic Fiske LLP Recent Success Before ONCA

Introduction Milosevic Fiske LLP partner Cameron Fiske had a recent success before the Ontario Court…

Issue and Action Estoppel and Abuse of Process

Introduction All forms and attempts at relitigating matters that have already been determined are considered…

When is Legal Commitment Unconscionable?

Introduction It is extremely difficult to set aside an agreement or transaction based on the…