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Legal Blog:
Aug
01
2007
Encroachments
What happens when purchasers discover that the property that they are buying encroaches on the lands of another? Can the purchasers have the agreement rescinded? This question was answered in Royt v. Goldenberg [2006] O.J. 3489 (SCJ).
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01
2007
Performance
The Statute of Frauds and the concept of part performance has always been vexing to judges who hear cases that arise from disputes regarding oral contracts dealing with land. The latest case dealing with a plaintiff’s part performance allegation, which arose out of a Statute of Frauds defence, is Stack v. Zizman [2007] O.J. No. 1462 (SCJ). Unfortunately, in this case, the reasons for decision were short on the facts and long on the law, so that we do not have the full benefit of its application.
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01
2007
Maintenance
There is always a tension between ordinary execution creditors and an estranged spouse claiming an interest in property. With some trepidation, because we practice no family law, we will discuss two cases that deal with the issues: Flewelling v. Flewelling, a 2007 decision of the Ontario Superior Court of Justice and Shea v. Fraser, a 2007 decision of the Ontario Court of Appeal.
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