Call us: (905) 366 9700
Legal Blog:
Apr
01
2005
Misrepresentation
We are bombarded with cases dealing with misrepresentation: fraudulent, negligent, and innocent. The case of Mariani v. Lemstra (2004) 39 C.L.R. (3d) 71 (Ont. C.A.) is another one of these cases, but deals with misrepresentation in the real estate context.
Continue Reading >Apr
01
2005
Conflict
What happens when the provisions of one statute seemingly conflict with the provisions of another? The answer is that the courts do the best that they can to interpret the two statutes in a manner that will explain away the conflict. If they cannot do this, the courts determine which statute should take precedence. This situation arose in Canada Trustco Mortgage Company v. Park, a 2005 decision of the Ontario Court of Appeal.
Continue Reading >