Legal Blog:

Our Appearance on BNN

Recently, Allison Speigel appeared on the Business News Network to discuss our alternative pricing arrangements. Please click on the image to watch.

Paralegal

Speaking of inconceivable, a decision in M.F. Armsby Property Management Ltd. v. Racz-Ellis, a 2013 Ontario Small Claims Court decision highlights some inconceivably ridiculous behaviour.

A landlord obtained a judgment against a tenant for $3,500. The landlord garnished the tenant’s bank, who remitted the grand sum of $266. Two things then occurred: the court remitted the $266 to the landlord and the tenant brought a motion to have the funds repaid to her.

INCONCEIVABLE

When we decide to move forward in an action, we have to analyse the facts, apply the law, and apply the “random factors”. The random factors are the factors that enter into every court decision, comprising the unknowns that can affect every court decision: which judge will you draw; will the judge have a bad day; will the judge have prior experience with the issues; will your witnesses melt down and forget most everything they know; will the judge key on an insignificant fact and base the decision on it.

ARBITRATION (2)

Most, if not all, of the standard CCDC and CCA documents include provisions requiring parties to engage in an alternate dispute resolution process. “Alternate” means an alternative to court litigation – or self-help. The standard provisions reference various escalating procedures: consultant decision, mediation, arbitration. What happens when a party decides that it does not want to waste its time with mediation, but wants to get straight into arbitration? Can it? The question was answered in part in A.G. Clark Holdings Ltd. v. HOOP Realty Inc., a 2013 decision of the Alberta Court of Appeal.

HAUNTED

We have heard, and read of, many reasons (and excuses) for a purchaser refusing to close a transaction or complaining about a property already purchased, but we have never before read of a purchaser claiming damages because the purchased property was haunted. Such was the case in 1784773 Ontario Inc. v. K.W. Labour Association, 2014 ONCA 288.

UNAUTHORISED (2)

In October 2013, we discussed the case of Law Society of Upper Canada v. Chiarelli (2013), 115 O.R. (3d) 53 (S.C.J.) in which the Law Society of Upper Canada obtained an injunction against a property manager (the “PM”) for the unauthorised practise of law. The PM appealed and the Ontario Court of Appeal dealt with that appeal at 2014 ONCA 391.

Thanks Jordan Furlong for the shout-out!

Another forward-thinking firm: Spiegel Nichols Fox of Mississauga (ON) delivers customized service and fixed fees: http://t.co/zZArXjmoGq

— Jordan Furlong (@jordan_law21) September 18, 2014

The Astute Midsize and Boutique Law Firm

Allison Speigel will be presenting at the CBA Program The Astute Midsize and Boutique Law Firm: How to Leverage New Opportunities

Wednesday, October 22, 2014. Register for The Astute Midsize and Boutique Law Firm: How to Leverage New Opportunities

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Frayed Relationships – Van Allen v. Vos

In this case, two business partners who ran a dental clinic together decided to terminate their partnership after 20 years. In attempting to terminate the partnership, their relationship broke down.