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Legal Blog:
Oct
28
2013
What is a “contract” under the Construction Lien Act?
A “contract” means the contract between the owner and the contractor, and includes an amendment to that contract
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22
2013
Who is a “payment certifier” under the Construction Lien Act?
A “payment certifier” is an architect, engineer, or any other person upon whose certificate payments are made under a contract or subcontract
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21
2013
What is the definition of “premises” under the Construction Lien Act?
“Premises” includes the improvement, all materials supplied to the improvement, and the land occupied by the improvement, or enjoyed therewith, or the land upon or in respect of which the improvement was done or made.
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18
2013
What constitutes “materials” under the Construction Lien Act?
“Materials” means every kind of movable property that becomes, or is intended to become, part of the improvement, or that is used directly in the making of the improvement, or that is used in the making of the improvement or that is equipment rented without an operator for use in the making of the improvement
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17
2013
Who is a “lien claimant” under the Construction Lien Act?
A “lien claimant” is a person having a preserved or perfected lien.
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07
2013
What is a trustee in bankruptcy?
A trustee is defined as “a person licensed by the Superintendent of Bankruptcy to administer bankruptcy and proposal estates.” The trustee is an officer of the court, and has an obligation to assist both creditors and debtors to ensure fair bankruptcy or proposal proceedings.
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04
2013
What is the applicable bankruptcy law in Canada?
The applicable bankruptcy law in Canada is The Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3.
Continue Reading >Oct
02
2013
I am being sued on a contact I drafted myself. Is that a problem?
Many businesses draft their own contracts. Most of the time it is not a problem, until something goes wrong with the contract work. Often non-lawyers who draft contracts will fail to think of various issues and scenarios that can lead to conflict. Or they will draft language that is unclear or contradictory. If you need a contract which will hold up in court and has all of the appropriate provisions, then it is best to hire a lawyer to draft it or at least review it.
Continue Reading >Oct
01
2013
Undertakings
A creditor has a judgment. It does not know of any assets that it can seize or any wages to garnish. What can it do? It can examine the debtor in aid of execution and ask questions dealing with past and present assets, income, and expenses. However, sometimes, and indeed often, the debtor is not co-operative. The debtor ignores the notice of the examination and the creditor is forced to bring a motion to obtain an order compelling the debtor to attend. When the debtor does attend, the debtor brings nothing with him and cannot or will not answer the questions posed. Accordingly, the debtor gives a whole raft of undertakings (e.g. I undertake to obtain and provide you with specified documents or provide you with answers to various questions).
Continue Reading >Oct
01
2013
Power
A financial institution extends a loan to a debtor and, sometime later, decides, in its wisdom, to demand payment and close the loan. Can it do so? The debtor in Gyimah v. Bank of Nova Scotia, a 2013 decision of the Ontario Court of Appeal, said, No!
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