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Legal Blog:
Aug
01
2010
Forgery
On occasion, we see a defence that alleges that the signature of the debtor has been forged, usually by a spouse who is either long gone or bankrupt. A defence of forgery, if it is believed, is a full defence. This was again confirmed in CIT Financial v. Kingsley, a 2007 decision of the Ontario Superior Court of Justice.
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01
2010
Mine
A bank is defrauded. The fraudster pays, and the bank traces, the money to a third party. The bank wants its money back and the third party wants to keep it. This was the subject of Cuthbert v. TD Canada Trust, a 2010 decision of the Ontario Superior Court of Justice
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01
2010
Shortcut
When does a client know, having regard to the nature of the injury, that an action against a lawyer in negligence would be an appropriate means to seek a remedy? Is it when the client knows that he has suffered a loss against which his lawyer ought to have protected him or when he knows that his lawyer negligently caused his loss? This issue was discussed in Sheeraz v. Kayani (2009), 99 O.R. (3d) 450 (SCJ).
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