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 …
Preventing Disaster if the Renovator Goes Bankrupt
Recently, there have been reports about a renovation building contractor who ran into financial difficulty and has left as many as 15 families in a mess with partially completed projects. …
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 …
Releasing the Deposit
The deposit is stuck with the Trustee until BOTH parties direct the Trustee to send it somewhere. Usually, that would follow a Mutual Release. But, the key component is the …
Guardian ad Litem
The latin expression “ad litem” pronounced “ad light um” means “for this suit” or “for the purposes of this lawsuit”. Generally, the expression is used in connection with the term …
The Warranty That’s Over Before It Starts
Now, that would be the kind of warranty you should give, but if you are on the receiving end, was that a little bit of a trick? Let’s assume that …