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Legal Blog:
Aug
01
1997
Bum Cheque
A lawyer was closing a purchase. His client had funds in German currency and went to an exchange house to have this currency exchanged for Canadian dollars. The cheque from the exchange house was given to the lawyer and the lawyer used the funds to close the purchase. Unfortunately, the cheque accepted by the lawyer was uncertified and bounced. These are the facts in Fisch v. Vojimirovic, another 1997 decision of Madam Justice Lax.
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01
1997
Distress
Your client calls you. She is operating a video store and, as a result of exorbitant rent, is losing money and is in arrears of rent. She is in year 2 of a 7-year lease. She has found better and cheaper premises down the street at half the rent. Finally, and the best of all, her existing lease is in the name of a shell company. You advise her to incorporate a new corporation, enter into a lease for the new premises, surreptitiously move her stock to the new store, and then to tell her landlord to (expletive deleted). Is your advice sound?
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