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The Tort of Abuse of Civil Process

Abuse of process occurs when a court determines that a party’s actions are detrimental to…

The Arbitration Act, Stays & the Right to Appeal

The Arbitration Act of Ontario, in section 7, provides a mechanism to stay actions brought…

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 Fiske LLP, recently acted as co-counsel on an appeal…

Judgment Debts, Fraud and Bankruptcy

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

Larger Limits for Smaller Claims

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

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…

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…