Call us: (905) 366 9700
Legal Blog:
Jul
01
2002
Jurat
The validity of liens can be attacked for a variety of reasons. One reason relates to the affidavit by which a claim for lien is verified as being correct. This reason was dealt with in Zemelman v. Feder, a 2001 decision of the Ontario Divisional Court.
Continue Reading >Jul
01
2002
Fish or Cut Bait
Some cynics postulate that the purpose of insurance and bonding companies is to accept premiums and deny claims. Sometimes the cynics may be close to the mark but, in other cases, they are far off it. One such case was Cooperative D’Habitation Antigonish v. Laurentian General, a 2001 decision of the Ontario Superior Court of Justice.
Continue Reading >Jul
01
2002
Garnishment Revisited
In our January 2002 newsletter, we reported on the case of Elmford Construction Co. v. South Winston Properties Inc., a decision of the Ontario Superior Court of Justice. That case dealt with a dispute between two creditors as to who would get a debtor’s available money. The money had been paid to the Sheriff under a garnishment and the sheriff had distributed the money rateably to the creditors. One creditor, however, insisted that it should receive all of the available money because it was a beneficiary of the debtor under the trust fund provisions of the Construction Lien Act. The motions judge held that under the Creditors’ Relief Act, all creditors were to be dealt with equally and, therefore, denied the trust claimant’s request to be dealt with more equally than others. The trust claimant appealed to the Ontario Divisional Court.
Continue Reading >Jul
01
2002
GST
GST. The initials no longer conjure up the knee-jerk negative response that they did in years past. Most business people are accustomed to the tax and it does not cause them too much bother. However, even after ten years there is still some confusion, at least in the minds of some businesses, as to the applicability of the tax. Fast Trac Bobcat & Excavating Service v. KWH Construction Ltd., a 2001 decision of the British Columbia Supreme Court, illustrates one aspect of the confusion.
Continue Reading >