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Setting Aside a Default Judgment

What is a Default Judgment? A default judgment is often granted in favour of a…

Milosevic Fiske Successful in Arguing Quasi-Criminal Appeal

Cameron Fiske, a partner at Milosevic & Associates, recently acted as co-counsel on an appeal…

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…

The Doctrine of Deferred Indefeasibility in Land Transactions

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

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 & Associates Recent Success Before ONCA

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

Pierringer Settlements Update

Introduction In two previous blogs, we have discussed both Mary Carter and Pierringer settlements. This…

Unjust Enrichment by Wrongdoing & Waiver of Tort

Introduction The meaning of the term “waiver of tort” is by no means clear. At…

When will the Courts Hear a Moot Case or Appeal?

Introduction What happens to a lawsuit or an appeal when the issues in dispute are…