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Legal Blog:
Jun
01
2003
Late Changes
Real estate practitioners often dispute the wording of documents that are exchanged on closing. Sometimes, one practitioner, either intentionally or not, manages to slip in wording, or an entire document, that is not called for in the agreement of purchase and sale. What happens? The answer is set out in Melko v. Lloyd Estate (2002), 61 O.R. (3d) 150 (S.C.J.).
Continue Reading >Jun
01
2003
Faulty Distress
You have seen the situation before. The landlord, usually through a bailiff, changes the locks and posts a notice on the doors to the rented premises saying that it has distrained the tenant’s goods inside. The bailiff sells the goods at fire sale prices and pays the landlord the amount from the sale after deducting its expenses. What is wrong with this picture? Plenty, according to the decision in Excellent Fashion v. Namdev Property Management [2003] O.J. No. 422 (S.C.J.).
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01
2003
Collection Agents
There are two types of collectors: those who are employees of financial institutions and those who are employees of third party collection agencies. They usually go about their jobs differently. Employees of financial institutions understand that their goal is to collect money that debtors owe to their employers, but that they also must attempt to preserve the relationship with the debtors. They recognise that not all debtors are shirking their responsibilities; some may be experiencing financial problems that are not entirely of their own making. If financial institution employees can work with the honest but problematic debtors, they will. If they cannot, or determine that the debtors simply do not want to pay, they move the file to legal action.
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