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Legal Blog:

Oct
01
2004

Consideration

Posted in Lawyers' Issues

Do you remember the concept of consideration from law school days? It seems that one of the lawyers in Melko v. Estate of Lloyd (2002) 61 O.R. (4th) 151 (S.C.J.) did not.

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Oct
01
2004

Reserve

Posted in Lawyers' Issues

The condominium reserve fund is a wonderful thing – when there is money in it. When there is none, problems occur. One type of problem is illustrated in Boschetti v. Sanzo [2003] O.J. No. 5227 (S.C.J.).

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Oct
01
2004

Off Limits

Posted in Collections

There is a specific statutory exception for insurance policies and proceeds; joint property passes to the surviving joint tenant upon death. What happens to proceeds from an RSP devolving on the death of a debtor to the debtor’s spouse? Can the creditors claim these proceeds? This was the issue that was decided in Amherst Crane Rentals Ltd. v. Perring, a 2004 decision of the Ontario Court of Appeal.

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