uncategorized

Sticky post

Posted on

Our firm is still open and working resolving our clients’ problems in these trying times. Contact us any time to discuss how we can help you and work within your constraints to get what you need done, done. What follows is a list of reference / sticky articles on this site, that you might be […]

uncategorized

Liability for pure economic loss

Posted on

Liability for pure economic loss resulting from careless statements governed by Hedley Byrne & Co. v. Heller & Partners Ltd. (1963, HL).  The 5 required elements for a Hedley Byrne analysis (Queen v. Cognos) are: 1.  Must exist a duty of care based on a “special relationship” between the representor and the representee 3 possible […]

uncategorized

Bankruptcy and secured creditors

Posted on

Just a short quote from the Ontario Court of Appeal, while I am looking at it, clarifying that bankruptcy does not interfere with secured creditors. [89]         The policy of the BIA is not to interfere with the rights of secured creditors in realizing upon their security. Frank Bennett, in Bennett on Creditors’ and Debtors’ Rights and Remedies, 4th ed. […]

uncategorized

Damages difficult to precisely estimate?

Posted on

Doesn’t matter. Do it anyway. [6]               Damages are difficult to precisely quantify in this case.  In our view, a reasonable estimate of damages is $40,000.  We arrive at this figure taking into account the value of the business as a whole that was derived from Personal Service, Elite Coffee Service’s gross sales […]

uncategorized

Banks must not mislead, and customers signing for overdrafts and debts must receive independent legal advice (Bank of Montreal v Hancock, 1982)

Posted on

An old, but interesting, case. Banks must ensure that customers that are taking on debt and signing guarantees for the loans of others are fully apprised of the situation, and receive independent legal advice (Bank of Montreal v Hancock, 1982. See https://www.canlii.org/en/on/onsc/doc/1982/1982canlii1880/1982canlii1880.html) — In 1974, husband’s account was turned into a joint account with wife. […]

uncategorized

Court of Appeal: don’t lightly second-guess discretionary decisions of lower courts (Louis v. Poitras, 2021 ONCA 49)

Posted on

https://www.canlii.org/en/on/onca/doc/2021/2021onca49/2021onca49.html The Court of Appeal recently reminded lower courts to try not to second guess discretionary decisions of decision makers below them. The Court of Appeal restored a decision of the motion judge, that had been overturned on appeal to the Divisional Court.. [19] … “an appeal court should not merely pay lip service to […]

uncategorized

Good faith requires that you not benefit from the other side’s misapprehension (CM Callow v Zollinger, 2020 SCC 45)

Posted on

C.M. Callow Inc. v. Zollinger, 2020 SCC 45 https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18613/index.do A condominium corporation, Baycrest, entered into a contract with a contractor for services. A term of the contract provided that the condo corporation could refuse to renew it, including for no reason at all, with ten days notice. In March or April, Baycrest made the decision […]

uncategorized

Apologizing in advance

Posted on

HOJ Franchise Systems Inc. v. Municipal Savings and Loan Corp. [1994] O.J. No. 24 (Montgomery J.): ¶2 To contemplate a result requires an examination of the intricacies of the new and used car business, leasing, creative financing, security interests, rebates and quantity discounts. ¶3 On our quest we will wend our way through the provisions […]

uncategorized

Adjournments

Posted on

[26]           Justice Perell in Ariston Realty Corp. v. Elcarim Inc.[2] listed a number of factors the court should consider when faced with an adjournment request. These include the following: – the over-all objective of a determination of the matter on its substantive merits; –  the principles of natural justice; –  that justice not only be […]