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Daniel Ebady
Jan 31, 20236 min read
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
Feb 12, 20223 min read
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
Apr 25, 20217 min read
Recent Supreme Court of Canada Comments on the Duty of Good Faith in Employment Law
The organizing principle of good faith has been permeating with high frequency in contract law in the last few years. Good faith, which...
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Daniel Ebady
Apr 24, 20213 min read
Appropriate Use of Expert Evidence on Summary Judgment Motions
As summary judgments become more and more the principal forum to resolve disputes in their entirety, rules around the evidence that can...
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Daniel Ebady
Apr 14, 20213 min read
Mortgagor’s Right To Redeem After Commencement of Power of Sale Proceeding and Court Action
The common law is rich in cases of mortgagees (lender) and mortgagors (borrower) dueling it out against each other when the mortgagor...
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Daniel Ebady
Mar 23, 20213 min read
Setting-off Against Trust Funds under Construction Act
A recent case reminds us that setting-off against trust funds in accordance with the Construction Lien Act/Construction Act is a bit more...
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Daniel Ebady
Mar 22, 20212 min read
Municipalities banning Hookah Lounges: 2386240 Ontario Inc. v. Mississauga (City), 2019 ONCA 413
Hookah bars or lounges have become relatively popular in the past several years. Some municipalities have cracked down on these types of...
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Daniel Ebady
Mar 22, 20212 min read
Due Diligence Gone Wrong: Environs Wholesale Nursery LTD. v. Environs Landscape Contracting LTD
Background The appellant accepted a conditional offer to purchase the respondent’s business assets. The offer provided for a due...
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