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Mortgage Enforcement and Penalties

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

Issue and Action Estoppel and Abuse of Process

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

Rolling Limitation Periods in Contract Litigation

Introduction The usual rule is that once an event occurs which triggers a possible legal…

Awarding the Carriage of a Class Proceeding

Introduction When loss on a mass scale occurs, class proceedings are sure to follow. If…

Pierringer Settlements Update

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

Corporate Identification & Civil and Criminal Responsibility

Introduction A corporation is a fictional creation of the law. It is treated as a…

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…

Ice Breaker Settlements and Class Proceedings

Introduction An ice breaker is anything used to relieve inhibitions or acrimony between two parties…

Anticipatory Breach of Contract and the Limitations Act

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