Daniel Ebady
Interpreting Releases using Sattva Capital Corp.
A recent SCC decision that will likely not receive much attention but is an important read for lawyers and businesspersons who draft,...
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Daniel Ebady
- Jan 24
- 2 min
Real Estate Notes: Open Building Permits Can Give Buyer the Right to Terminate
In real estate purchases, a buyer should ensure they have performed sufficient due diligence so there are no unfortunate surprises once...
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Daniel Ebady
- Sep 29, 2022
- 1 min
The Latest Section 8 of Interest Act Case: Alleghe Mortgage Fund Ltd. v 1988758, 2021 ONSC 4887
We hear a lot from the Superior Court of Justice and a lot from the Court of Appeal, but rarely from the Divisional Court about section 8...
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Daniel Ebady
- Sep 13, 2022
- 3 min
Summary Judgments and Simplified Procedure
Simplified Procedure provides litigants with many of the powers they would have under the Ordinary Procedure but at the same time...
19 views0 comments
Daniel Ebady
- Sep 5, 2022
- 2 min
Real Estate Market Notes: Open Building Permits Can Give Buyer the Right to Terminate
In real estate purchases, a buyer should ensure they have performed sufficient due diligence so there are no unfortunate surprises once...
12 views0 comments
Daniel Ebady
- May 9, 2022
- 4 min
What happens when a Purchaser does not Close on a Residential Real Estate Transaction?
Every few years the residential real estate market takes a tumble after a considerable increase in price. If you are caught in the midst...
22 views0 comments
Daniel Ebady
- May 9, 2022
- 2 min
Mutual Fund Dealers Association of Canada v Lam, 2022 ONSC 2269
This case is about a mutual fund representative who was a branch manager that was reprimanded by the Mutual Fund Dealers Association of...
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Daniel Ebady
- Feb 18, 2022
- 4 min
Summary Judgment and Breach of Statutory Trusts: Feltz Design Build Ltd. v. Larson, 2022 ONCA 150
A recent case reminds us how powerful statutory trusts are. Breaches of trusts can hold the person controlling the corporation liable for...
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Daniel Ebady
- Feb 12, 2022
- 3 min
Setting Aside a Trust: McGoey (Re), 2019 ONSC 80
Trusts are invariably used by individuals and entities to conceal who the true owner of the property is and is usually asserted by the...
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Daniel Ebady
- Dec 30, 2021
- 3 min
Prejudice Factor in Extension of Serving Claim: Fox Contracting Ltd. v. 133 King Street East Inc.
Under the Construction Act, a Statement of Claim must be served within 90 days of issuance. This is part and parcel part of the lien...
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Daniel Ebady
- Dec 19, 2021
- 3 min
Commercial Leases During Moratorium Period: 8443220 Canada Inc. v. V.G.R Investments Ltd. 2021 ONSC
As the new infectious disease variant animate the headlines, businesses will again be under pressure to maintain their contractual...
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Daniel Ebady
- Nov 27, 2021
- 3 min
Personal Liability under the Construction Act: Muralis Architectural Products Inc. v. Envelope Inc.,
The Construction Act creates a powerful tool for tradespeople who have not been paid by the party they contracted with. The Act creates a...
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Daniel Ebady
- Nov 3, 2021
- 2 min
No Appeal on Interlocutory Decision: Elegant Façade Inc. v. Broccolini Construction (Toronto) Inc.
Under the Construction Act there is no right of appeal of an interlocutory without leave. Under the old legislation, the Construction...
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Daniel Ebady
- Oct 13, 2021
- 3 min
The Case was Won on WeChat
An interesting case came out of the Superior Court of Justice recently. The case was about a Plaintiff moving to pierce the corporate of...
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Daniel Ebady
- Aug 7, 2021
- 2 min
What Happens When Both the Vendor and the Purchaser Can’t Close?
In real estate transactions, especially in new home builds there are instances when both the vendor (builder) and the purchaser can’t...
8 views0 comments
Daniel Ebady
- Aug 5, 2021
- 3 min
Using the Interim Order for Preservation: Rule 45.01(1)
Rule 45.01(1) allows litigants to obtain an interim Order on any property in question in a proceeding or relevant to an issue in a...
18 views0 comments
Daniel Ebady
- Jul 24, 2021
- 6 min
Interpreting Releases using Sattva Capital Corp.
A recent SCC decision that will likely not receive much attention but is an important read for lawyers and businesspersons who draft,...
12 views0 comments
Daniel Ebady
- May 18, 2021
- 2 min
SCJ: You Snooze You Lose: Tower Restoration v. Attorney General of Canada, 2021 ONSC 3063 (CanLII)
Background. Agreements between two sophisticated parties are generally looked at a different light by the courts. A court is likely to...
15 views0 comments
Daniel Ebady
- May 7, 2021
- 5 min
Mortgagee’s Reasonable Excuse Not to Provide Discharge Statement = Suspension of Power of Sale Right
Once a mortgagor provides a request to the mortgagee to produce a discharge statement, the mortgagee must answer the request unless it...
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