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Legal Blog:
Oct
01
2006
Pension Benefits
Can pension benefits be seized? If they cannot, can a creditor have the court appoint an equitable receiver to collect the pension benefits when they are paid to the pensioner? These questions were answered in Workers’ Compensation Board v. Lettroy, a 2006 decision of the Ontario Court of Appeal.
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01
2006
Hands Off
Many of the creditor-debtor cases, on which we normally report, result in success for the creditor. However, creditors do not always win. This is demonstrated in the two cases on which we report in this newsletter, the first of which is Mullin v. R-M & E Pharmacy, a 2005 decision of the Ontario Superior Court of Justice.
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01
2006
Gall
Often, when lawyers are sued, the lawyer moves to strike out the pleadings as showing no reasonable cause of action. This is ultimately what happened in Joseph v. Lefaivre Investments (Ottawa) Ltd. [2006] O.J. 2364 (SCJ).
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01
2006
ILA Notes
We, and certainly LawPro, have maintained that if a lawyer gives ILA and takes no notes, it is a recipe for disaster. Although taking good notes does not guarantee that the lawyer will not be sued and, if sued, does not guarantee that the lawyer will not lose, it goes a long way towards those goals. The latest case dealing with notes and ILA is Webb v. Tomlinson, [2006] O.J. No. 212 (SCJ).
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