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Setting Aside a Default Judgment

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

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…

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…

Anticipatory Breach of Contract and the Limitations Act

Introduction An anticipatory breach of contract occurs where one party to a contract expresses, or…

Considerations Regarding Partial Summary Judgments

Introduction Rule 20.01 of the Ontario Rules of Civil Procedure sets out the procedure to…