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Legal Blog:
Dec
01
2012
Family First
One of the defences that we see in a fraudulent conveyance action is the family first defence (i.e. I transferred it because my spouse said that she expected to be protected and, if I did not, she would leave me). That defence was tried on for size in Penfinancial Credit Union Ltd. v. Magnum Crane Sales Inc., a 2011 decision of the Ontario Superior Court of Justice.
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01
2012
Foiled Again
In our newsletter of February 2012, we referred to the Ontario Superior Court decision in Mitchell Jenner & Associates Inc. v. Saunders. The debtor and his wife appealed that decision to the Ontario Court of Appeal, which recently rendered its decision.
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01
2012
Per Stirpes #2
We previously brought to your attention a major drafting error regarding the use of “per stirpes” (see June 2012 newsletter). The errors keep coming – although this is not a surprise to us because we have repeatedly seen these errors. Lawyers just do not understand that “per stirpes” deals with a distribution down the issue chain. It should not be used when “per capita” is meant and vice versa. The latest case is Dice v. Dice Estate (2012), 111 O.R. (3d) 407 (C.A.).
Continue Reading >Dec
01
2012
Discoverability
The Limitations Act, 2002 incorporated the common law discoverability principle. Time does not run until the claimant knows or ought to know that there is an injury. That knowledge is invariably a determination of fact. One such determination occurred in Isailovic v. Vojvodic (2011) ONSC 5854 (S.C.J.).
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