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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…

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…

Issue and Action Estoppel and Abuse of Process

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

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…

Another Attempted End Run Around The Corporate Veil

Introduction We have written twice in the past about piercing the corporate veil. Despite the…

Considerations Regarding Partial Summary Judgments

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

The Importance of Putting Your Best Foot Forward

Introduction It sounds like trite advice to hear that a party must put their best…