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Legal Blog:
Feb
01
1998
Let’s Make a Deal
A deal is made. Someone is going to take less than is deserved and, in consideration, another person is going to perform certain obligations. This scenario pops up all the time. It is most prevalent in creditor-debtor relationships but can arise elsewhere (e.g. landlord and tenant arrangements). What happens when the person, who has received the benefit of the reduced obligations, defaults on the deal?
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01
1998
Will Duties
How often will lawyers sit for ages on will instructions? Beware! If a lawyer is negligent in drafting a will, or in not drafting a will after having received instructions, the lawyer can be held liable to the beneficiaries who did not receive their due as a result of that negligence. There is liability even though there is no contract between the lawyer and the beneficiaries. This rule of law was enunciated in England in White v. Jones (1995), 3 All E.R. 691 (H.L.) and was followed in Canada in Hickson v. Wilhelm, a 1997 unreported decision of the Saskatchewan Queens Bench.
Continue Reading >Feb
01
1998
Big Mouth
In our first issue of August 1996, we reported on the case of Yellow Submarine Deli Inc. v. AGF Hospitality Inc. (1995), 106 Man. R. (2d) 51 (Man. Q.B.).
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