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Feb
01
2012

Foiled

Posted in Collections

We seem to be on a roll with fraudulent conveyances and trust defences, so we are going to continue our analysis with another fact scenario, one that was the subject of Mitchell Jenner & Associates Inc. v. Saunders, a 2011 decision of the Ontario Superior Court of Justice.

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Feb
01
2012

Retainer #2

Posted in Lawyers' Issues

     When does the limitation period start to run for the services a lawyer has performed: from the date that the retainer ends or from the date that is 30 days after the lawyer has rendered the account for the services? This question was answered, sort of, in Cosentino v. S. Cosentino Leasing Ltd., 2010 CarswellOnt 2745, 261 O.A.C. 131 (Div. Ct.)

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Feb
01
2012

Swine

Posted in Lawyers' Issues

     Every now and then, the archaic concepts of champerty and maintenance rear their ugly heads. The last time we saw them was in the case of Clark v. Werden 2011 CarswellOnt 10331, 2011 ONCA 619.

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