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Oppression Claims & The Business Judgment Rule

Oppression is defined under the Ontario Business Corporations Act as conduct that is “oppressive or…

Setting Aside a Default Judgment

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

Judgment Debts, Fraud and Bankruptcy

Many people assume that bankruptcy protects them from all creditors, across the board, however, this…

Norwich Orders as a Tool of Discovery

What is a Norwich Order? A Norwich order compels a third-party, usually innocent, to preserve…

Mareva Injunctions: Freezing Assets Before Judgment

The remedy of a Mareva injunction is so named having adopted the name of the…

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…

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…