Forged Septic Evaluation

Wrong date Falsified Question: Falsified Septic Evaluation The Listing Agent provided a Septic Evaluation. This was accepted by the Buyer and the deal was closed. Now, there are significant problems. …

Filing a Notice of a Lawsuit

There is a procedure available in Ontario which is a very effective remedy. Oftentimes, the success of a lawsuit swings in the balance. Let’s assume that there is an Agreement …

Precedent Setting Cases

Small Claims Court decisions are not precedent setting. There is no lower Court upon which they would be binding. They have value from the perspective that someone else has looked …

Mutual Release Signatures

Question: Is the signature of the Broker of Record or Manager of a Brokerage required for a Mutual Release in order to release the deposit? Answer: This is a rather …

Even Liars Can Win in Court

Credibility doesn’t matter more than the Law! The case of D’Atri v. Chilcott (1974) decided by Mr. Justice Galligan is one of the leading authorities on the law of liability …

Negligence Act ~ Procedural Matters

The Negligence Act also includes some procedural provisions, however, inherently, they may also be matters of substance. Let’s look at the following sections: Adding parties 5. Wherever it appears that a …

Negligence Act ~ Introduction

The Negligence Act deals with several aspects of negligence, liability and apportionment, including 1)    liability, 2)    apportionment between joint tortfeasors, 3)    apportionment to plaintiff, 4)    no determination of apportionment, and …

Negligence Act in Ontario

By Brian Madigan LL.B. The Purpose The Negligence Act deals with the matter of apportionment in the field of torts. Tort law considers the liability of a party to another …