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Legal Blog:
Jun
01
2002
Offer
When is an offer no longer an offer? See Scanlon v. Standish, an unreported 2002 decision of the Ontario Court of Appeal, for the answer.
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01
2002
Interest
The Courts of Justice Act refers to pre-judgment and post-judgment interest as simple interest but allows the possibility of altering simple interest to compound interest. When can it be altered? This question was answered by the Supreme Court of Canada in its 2002, as yet unreported, decision in Bank of America Canada v. Mutual Trust Co.
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01
2002
Who Am I
Corporations and individuals often carry on business under a name and style that is different from the legal name of the corporation or individual. When commencing an action or garnishing, we prefer to use the actual name of the entity rather than the name and style and, accordingly, we conduct appropriate searches to confirm the actual name. What happens if the name and style is used instead? The answer, like all other answers in law, is that it depends on the situation.
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01
2002
Don’t Understand
One of the most over-used and, perhaps, the least understood defence in the arsenal of a defendant is the defence of non est factum. That Latin nugget literally means, “It is not my deed.” More generally, it means, “I did not understand the nature of the document I executed.” The latest case to discuss the concept was National Bank of Canada v. Picton, a 2002 Ontario Superior Court of Justice decision.
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