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Legal Blog:
Apr
01
1998
HUDAC (ONHWP) Revisited
In our October 1996 newsletter, we reported on the case of Beer v. Townsgate I Limited, a 1995 decision of Madam Justice Chapnik. She had decided that if a developer had not registered a property under HUDAC prior to sale, the subsequent agreement to sell the property was unenforceable because it was illegal. The fact that the property had been registered under HUDAC after the agreement and before closing did not save the contract.
Continue Reading >Apr
01
1998
Try Anything
Clients often ask us: “Can I be sued if I do thus and so?” As you no doubt realise, this is an impossible question to answer in the negative. We answer by explaining that anyone can be sued for anything imaginable. The question therefore is not whether you can be sued but whether the plaintiff will be successful. The case of 1198728 Ontario Inc. v. Tally Capital Ltd., an unreported 1998 decision of the Ontario Court (General Division), is an example.
Continue Reading >Apr
01
1998
Say it Nicely
On occasion, a lawyer may write a demand letter on behalf of a client that could be categorised as perhaps a touch inflammatory. This type of letter may, on occasion, land the lawyer in hot water. For the lawyer in Kleynhans v. Zucker, a 1997 unreported decision of the Ontario Court (General Division), the water was boiling.
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