PRACTICE AREA: Corporate Commercial

Menziesbank Corp. assisted in the implementation of a matrimonial settlement. The Court of Appeal for Ontario granted leave to appeal to the creditors who claimed a solicitor’s lien and a salvage lien in relation to services rendered or money lent to the bankrupt taxpayer.

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This post examines the general principles behind the interpretation of contracts, and an overview of the burden of proof for construction and interpretation.

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Aetna Financial Services Ltd. v. Feigelman | 1985 CarswellMan 379 | Supreme Court of Canada

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Legal Wit — Straight from Lewis Carroll

I confess to finding the situation rather surreal — one, indeed, that would have excited the admiration of Lewis Carroll.

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Legal Wit — Plant Psychiatrist?

In 1947 that irreverant sage George Bernard Shaw made this observation: To expect an average farmer to be not only a sower and a reaper, but an agricultural chemist, an accountant, a meteorologist, a veterinary expert, a merchant, a financier and a resident housekeeper all united in a single Admirable Crichton is ridiculous; yet this is our practice.

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R. v. British Columbia (Attorney General) | 1923 CarswellNat 3 | Judicial Committee of the Privy Council

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Emitting

Podolsky v. Cadillac Fairview Corp. | 2013 CarswellOnt 1405 | Ontario Court of Justice

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Closer

Elliott v. R. | 2013 CarswellNat 2540 | (T.C.C. [General Procedure]

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Legal Wit — Unfortunately Prescient

Perhaps the persons involved in naming the Cranberry Village project were prescient in that cranberries grow naturally in bogs.

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The sale of a golf course under receivership was approved by the Court, in opposition to the wishes of the first mortgagee, who wanted to redeem the first mortgage.

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Phrase of the Week - Chain Link Fence

Stone Mills (Township) v. Rebel Scrap Metal Inc. | 2013 CarswellOnt 3078 | Ontario Court of Appeal

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This month’s post features a potpourri of legal issues stemming from the ever-growing world of the internet: an overview of Canada’s Anti-Spam Legislation (CASL), a brief look at cyberbullying and harassment, and an examination of crimes against computers systems including hackers, mischief, malware and spyware.

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