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Legal Blog:
Sep
01
2003
Trial Delay
On occasion a legal action languishes. The plaintiff loses interest or there is miscommunication between the plaintiff and its solicitor. Then, after a long time, the sleeping giant awakens and wants to push its action on for trial. The defendant claims that it is prejudiced and brings a motion to dismiss the action. Such was the case in Burdi v. Yorkstar Development, a 2002 decision of a Master of the Ontario Superior Court of Justice.
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01
2003
Fairness
The development and understanding of the law of tender has progressed significantly over the past few years. The courts have upheld the standard privilege clause. The only real control on the tendering authority is the nebulous concept of fairness, a concept that was explored in the 2002 decision of the Ontario Court of Appeal in Cable Assembly v. Dufferin-Peel Catholic Board.
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