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Legal Blog:

Jun
01
2005

Whoops

Posted in Lawyers' Issues

What happens when one lawyer sends privileged information to another lawyer in error? This was the issue in Fotwe v. Citadel General Insurance Co. [2004] O.J. No. 1209 (SCJ).

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Jun
01
2005

Smell

Posted in Collections

Fraudulent conveyance cases are generally decided on their facts. Did the plaintiff prove that there are sufficient badges of fraud to demonstrate that the impugned transfer was done with a view to defeating the creditors? In essence, does the defendant fail the smell test? Sometimes the law finds itself relegated to second place after the facts because the smell is so bad. This seems to be the situation in Pilot Insurance Co. v. Foulidis, a 2004 decision of the Ontario Superior Court of Justice.

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