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Legal Blog:

Aug
01
1999

More Distress

Posted in Lawyers' Issues

In our newsletter of August 1997, we commented on the case of Cowie Industrial Developments Ltd. v. National Clearance Warehouse  Ltd., a 1997 decision of Madam Justice Lax. The appeal to the Ontario Court of Appeal was decided in January 1999.

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Aug
01
1999

Illegal Distress

Posted in Lawyers' Issues

Distress must be levied in strict accordance with the Landlord and Tenant Act; otherwise it is illegal or irregular and the landlord is subject to damages. The case of Falwyn Investors Group Ltd. v. GPM Real Property (6) Ltd., a 1998 unreported decision of the Ontario Court (General Division) is a case in point.

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