Case Summaries

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,...

Daniel Ebady

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...

Daniel Ebady

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...

Daniel Ebady

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...

Daniel Ebady

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...

Daniel Ebady

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...

Daniel Ebady

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...

Daniel Ebady

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...