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Legal Blog:
Apr
01
2003
Whipping Boy
We do not often take major issue with a judge’s decision. In the case of Turi v. Swanick (2002), 61 O.R. (3d) 368, a decision of Spiegel J. of the Superior Court of Justice, we do. We also usually do not mention the judge who wrote a decision that we do not like. In this case, we do, for two reasons – to note that we are not related to the deciding judge and to point out that it was not the decision of Speigel J.
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01
2003
Undue Influence No. 2
We have already discussed undue influence (see newsletter of April 2001) but we now have another Ontario Court of Appeal decision dealing with the topic. The latest discussion on undue influence emanates from the 2002 decision of the Court of Appeal in CIBC Mortgage Corporation v. Rowatt. We rather like explaining Court of Appeal decisions because by the time the decisions are rendered, the facts have been nicely distilled, unlike the situation going into trial.
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