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...
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Daniel Ebady
- Apr 24, 2021
- 3 min
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, 2021
- 3 min
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, 2021
- 3 min
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, 2021
- 2 min
Stock Trader and IRROC: Durno v. TD Waterhouse Canada Inc. 2019 ONSC 3328
This case underscores the potential of employment law consequences of employers failing to have appropriate compliance controls that are...
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Daniel Ebady
- Mar 22, 2021
- 2 min
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, 2021
- 2 min
Plaintiff's Motive Should Not Be Asserted as a Defence Unless Relates to Cause of Action
Background In Huachangda Canada Holdings Inc. v. Solcz Group Inc, the respondent claims that the appellant had an ulterior motive in...
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Daniel Ebady
- Mar 22, 2021
- 3 min
Irrevocable beneficiaries in life insurance policies are not as irrevocable as you may think
According to section 191(1) of the Insurance Act, once an individual is an irrevocable beneficiary in an insurance policy, they can only...
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Daniel Ebady
- Mar 22, 2021
- 2 min
Restructuring and Resignations: Theberge-Lindsay v. 3395022 Canada Inc.
When restructuring your business for favourable tax treatment and limiting liability exposure, must be taken when employees are a part of...
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Daniel Ebady
- Mar 22, 2021
- 2 min
Be Careful with Resignations: English v Manulife Financial Corporation
Background Ms. English began working in 2006 at Manulife. Around 2015 there Manulife decided to upgrade their computer system to a new...
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Daniel Ebady
- Mar 22, 2021
- 3 min
Receiverships, Recessions and Trump Hotel?: Jung v. Talon International Inc., 2019 ONCA 644
This case is an excellent example what happens when a deal goes sour as a result of the seller running into financial troubles. In this...
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Daniel Ebady
- Mar 22, 2021
- 4 min
Rolling Limitation Periods! Marvelous Mario's Inc. v. St. Paul Fire and Marine Insurance Co., 2019 O
Background In October 1999, there was a moth infestation in the appellants’ factory. The infestation interrupted the business, of which...
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Daniel Ebady
- Mar 22, 2021
- 2 min
Tricky Limitation Periods and Real Estate Course?: Irps-Bleeker v. Van Gaalen, 2019 ONCA 592
Facts The appellant sues her real estate agent for inducing her to sign a counter-offer and presenting the counter-offer to the purchaser...
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Daniel Ebady
- Mar 22, 2021
- 2 min
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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Daniel Ebady
- Mar 22, 2021
- 2 min
Breaching party’s gain not a requirement for loss of benefit damages in a breach of contract
The Ontario Court of Appeal overturned a motion judge’s decision not to reward a loss of benefit to a purchaser for a breach of contract...
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Daniel Ebady
- Mar 13, 2021
- 5 min
Bidder: Can I talk to the Mayor and City Council? COA: No, Follow the Contract
Bidders in public solicitations have many remedial rights against the procuring entity in theory, however, the many of those rights can...
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Daniel Ebady
- Mar 1, 2021
- 5 min
A Win For The Creditors! I Guess...
In our court system, obtaining a favourable judgment is the main objective of any party that is involved in a court proceeding. The key...
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Daniel Ebady
- Feb 28, 2021
- 3 min
Important Agreements Every Business Needs
Inherent in business is the proposition that reward only comes from taking on risks. Businesses and professionals are always taking on...
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