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Legal Blog:
Mar
01
2008
Prove Damages
A party who wants damages has the burden of proving them. What proof is necessary? Better yet, what happens when there is almost no proof? This question was answered in 9071-5392 Quebec Inc. v. Katsoulis, a 2007 decision of the Ontario Superior Court of Justice.
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01
2008
Certification
The battle over the certificates of payment certifiers (e.g. architects, engineers etc.) continues (see November 2006 newsletter). Can a party to a construction contract argue that a certification is incorrect or is the party bound by it, regardless of its accuracy? The latest decision deals with a dispute between a sub and a subsub and is set out in Federated Contractors Inc. v. Ontario Realty Corp., a 2007 decision of the Ontario Superior Court of Justice.
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