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Legal Blog:
Oct
01
2008
2nd Chance Revisited
On occasion, we correctly analyse a case and, after an appeal, announce our correct analysis with great fanfare. On other occasions, our analysis may be a touch deficient and, after an appeal, we slink off in silence. In the case of Joseph v. Paramount Canada’s Wonderland (2008), 90 O.R. (3d) 401 (C.A.), the trumpets are sounding.
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01
2008
Interpleader
There are times when we have money that we do not want. Really! For example, when we sell a property under a power of sale contained in a mortgage, the net proceeds sometimes exceed the amount necessary to repay the mortgage debt and all costs associated with the sale. We want to pay the money to the person to whom it is due, but there may be a dispute between, say, the mortgagor and an execution creditor. If the two claimants cannot resolve their dispute, we prefer simply to pay the money into court and let them fight over it.
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01
2008
Whoops
We keep seeing cases in which a line of credit is repaid, the financial institution neglects to close the line, and the borrower, seeing free candy in the candy shop, helps himself to money available under the line of credit. The latest case is Bank of Nova Scotia v. Jorgensen, a 2008 decision of the Ontario Superior Court of Justice.
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