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Feb
01
2008

Condition Costs

Posted in Lawyers' Issues

Our newsletter of December 2007 discussed Champlain Thickson Inc. v. 365 Bay New Holdings Ltd. [2007] O.J. No. 3254 (S.C.J.). In that case, the judge held that a vendor did not meet conditions of the sale and therefore could not complain when the purchaser relied upon them and refused to close. Just before trial, the purchaser had offered to allow the vendor to keep $215,000 of the $400,000 deposit; the vendor had refused. The judge awarded the purchaser partial indemnity costs to the date of its offer to settle and substantial indemnity costs thereafter. He fixed the costs at $134,000.

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Feb
01
2008

Fraudbuster

Posted in Lawyers' Issues

Who you gonna call to ensure that there is no land fraud? The fraudbusters, of course. They are, specifically, a lawyer or a mortgagee – whether they want to be fraudbusters or not. That is the conclusion in Reviczky v. Meleknia [2007] O.J. No. 4992 (S.C.J.).

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Feb
01
2008

Fraudbuster

Posted in Collections

Who you gonna call to ensure that there is no land fraud? The fraudbusters, of course. They are, specifically, a lawyer or a mortgagee – whether they want to be fraudbusters or not. That is the conclusion in Reviczky v. Meleknia, a 2007 decision of the Ontario Superior Court of Justice.

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