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Oct
01
1998

A Novel Approach

Posted in Lawyers' Issues

The corporation for whom you have been working owned land and other liquid assets. The corporation then fires you and you later discover that the corporation had entered into an intricate pattern of dealings that leaves it judgment-proof. You have a substantial unpaid account with your former client. What can you do? On the basis of Gignac, Sutts and Woodall Construction Co. v. Harris, a 1997 unreported decision of the Ontario Court (General Division), we suggest that you bring an oppression application pursuant to the Business Corporations Act.

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Oct
01
1998

Conflict of Interest

Posted in Lawyers' Issues

Since the advent of the Supreme Court of Canada decision in MacDonald Estate v. Martin [1990] 3 S.C.R. 1235, litigants have been taking pot-shots at the solicitors of opposing parties by arguing that the solicitors ought to be removed as solicitors of record. In Spagnuolo v. Calderone Shoe Co., an 1998 unreported decision of Case Management Master Polika, the defendant took this concept to its extreme.

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