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Jan
01
2009

Dead-Really

Posted in Construction

In our January 2002 newsletter, we reported on Cornerstone Estates Ltd. v. Polaris Restorations Inc., a 2002 Ontario Superior Court of Justice decision. The article was entitled “Dead”. It seems that, six years later, a solicitor did not review that case (or our newsletter) and thus we have the decision in T.D. Swan Construction v. Blanc, a 2008 Ontario Superior Court of Justice case. These cases dealt with the scenario of a corporate plaintiff registering a claim for lien while dissolved. The corporation was then revived and wanted to carry on as if nothing unusual had happened.

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Jan
01
2009

Self Reps

Posted in Construction

More people than ever have been representing themselves in court. This is particularly so in matrimonial disputes and in civil claims in which the amounts at stake are not large. The moment that a party represents herself, the costs of the other party, with a lawyer, rise significantly. An opposing lawyer spends an inordinate amount of time because the self-represented party does not know the rules of the game or refuses to play by them. However, sometimes the self-represented party crosses the line and gets caught. This is demonstrated in Torty v. Gelina, a 2008 Ontario Superior Court of Justice decision.

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