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Legal Blog:
Jun
30
2014
MORTGAGE
We have long noted (see newsletter of March 1996 – yes we go back that far) that the best way for a contractor to ensure that it is paid is to check the credit worthiness of the person for whom it is to do its work. Reliance on liens can lead to disaster. A case in point is Basic Drywall Inc. v. 1539304 Ontario Inc., a 2012 decision of the Ontario Divisional Court.
Continue Reading >Jun
30
2014
Anti-Spam
Canada’s new Anti-Spam Legislation (“CASL”), comes into force on July 1, 2014. The legislation generally prohibits the sending of commercial electronic messages (“CEMs”) without the recipient’s consent. Presumably, the legislation was enacted to rid us of the scourge of unwanted and unsolicited emails. How effective it will be is another matter. No doubt, it will reduce unsolicited emails from reputable Canadian businesses. However, will offshore entities really care about Canadian legislation – probably not. Will the purveyors of malware, viruses, and phishing care about Canadian legislation – definitely not.
Continue Reading >Jun
01
2014
Deceit
Occasionally, a client may lie to his lawyer. We know, it’s hard to believe, but, really, it happens. Sometimes, the lie is directed against an opposing party and, sometimes, horrors, the lie is directed against the lawyer. Does the lawyer have recourse against his lying client? This question was answered in Morris Bureau v. Darde (2013) 335 N.S.R. (2d) 378 (N.S.C.A.).
Continue Reading >Jun
01
2014
Busted
We have discussed paralegals before (see newsletter of October 2013). The beauty of the new regime is that unlicensed paralegals who practice law can be stopped by way of injunction rather than by way of criminal sanction. A case in point is Law Society of Upper Canada v. Coulson 2013 ONSC 2448 (SCJ).
Continue Reading >Jun
01
2014
Back Door
We write this in a room in a residence at Queen’s College, University of Cambridge, the home of Erasmus, Isaac Newton, Watson & Crick, and 89 Nobel Prize winners. Unfortunately, their genius has not rubbed off on us, but the lectures we have attended have been very interesting.
Continue Reading >Jun
01
2014
Veil
Individuals often use a corporation to shelter themselves from personal liability. Normally, this is perfectly acceptable and effective. However, sometimes, the use of a corporation is unacceptable and the law goes behind the form to deal with the substance of the relationship. This proposition is demonstrated in two 2013 Ontario Superior Court of Justice cases. The first, Wolf v. Anstett, we have previously discussed (see February 2013 newsletter), but is being updated. The second, Borden Ladner Gervais v. Sinclair, is new.
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