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Legal Blog:
Dec
01
2008
Intemperance
Much has been written about the principles of civility; the duties of a lawyer to the court and to other counsel; and the duties of a judge and opposing counsel to assist an unrepresented litigant during the course of an action and trial. Little has been written about the duties of an unrepresented litigant in his or her dealings with opposing counsel and the court – until Ranonicich v. Reamy et al [2008] O.J. 2210 (MC).
Continue Reading >Dec
01
2008
Much Ado
Some cases can be described as “much ado about nothing” or “It is a tale … full of sound and fury, signifying nothing.” The case of M. McGrath Canada Ltd. v. Gibson LLP [2008] O.J. 1542 (SCJ) might be similarly described, except for the precedent that it sets.
Continue Reading >Dec
01
2008
Fiduciary (Bankruptcy)
A debt does not survive bankruptcy, subject to some exceptions. One exception arises out of section 178(1)(d) of the Bankruptcy and Insolvency Act. There is no discharge from a debt or liability arising out of fraud while acting in a fiduciary capacity. Fraud is relatively easy to understand, but what is “fiduciary”? This concept was discussed in Ronee v. Machalik, a 2007 decision of the Ontario Superior Court of Justice.
Continue Reading >Dec
01
2008
Demand
When is a demand not a demand? Usually, anytime a guarantor is trying to avoid payment under a guarantee. An example of this is set out in TD Canada Trust v. B&B Enterprises (London) Ltd., a 2008 decision of the Ontario Court of Appeal.
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