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Legal Blog:

Apr
01
2000

Defrauded

Posted in Lawyers' Issues

“Sometimes a faxed document is not what it seems to be and the consequences can be unfortunate.” This is the lead sentence of the 1999 unreported decision of Panet J. in McIlroy v. Stanton.

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Apr
01
2000

Sale or No Sale

Posted in Lawyers' Issues

You are acting for a purchaser from a mortgagee under a power of sale. The agreement has a clause regarding the right of redemption of the mortgagor. Just before closing, the mortgagor purports to redeem, the mortgagee wants to allow the mortgagor to do so, and your client is furious. The property has risen in value by $30,000 and is the only property suitable for your client. What do you advise? The Ontario Court of Appeal, in an unreported 1999 decision in Logozzo v. Toronto-Dominion Bank, has some answers.

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