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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...
Daniel Ebady
Dec 30, 20213 min read
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...
Daniel Ebady
Dec 19, 20213 min read
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...
Daniel Ebady
Nov 27, 20213 min read
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...
Daniel Ebady
Nov 3, 20212 min read


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...
Daniel Ebady
Oct 13, 20213 min read
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...
Daniel Ebady
Aug 7, 20212 min read


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...
Daniel Ebady
Aug 5, 20213 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,...
Daniel Ebady
Jul 24, 20216 min read


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...
Daniel Ebady
May 18, 20212 min read


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...
Daniel Ebady
May 7, 20215 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...
Daniel Ebady
Apr 25, 20217 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...
Daniel Ebady
Apr 24, 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...
Daniel Ebady
Apr 14, 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...
Daniel Ebady
Mar 23, 20213 min read
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...
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...
Daniel Ebady
Mar 22, 20212 min read
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...
Daniel Ebady
Mar 22, 20212 min read
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...
Daniel Ebady
Mar 22, 20213 min read


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...
Daniel Ebady
Mar 22, 20212 min read
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...
Daniel Ebady
Mar 22, 20212 min read
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