Legal Blog

Assignment

Nadeau v. Caparelli 2016 Ont CA

Under old jurisprudence, an assignee could sue in its own right, without joining the assignor, under the following circumstances: (i) a legal assignment of either a legal or equitable chose in action (ii) an equitable assignment of an equitable chose in action. If there was an equitable assignment of a legal chose in action, the assignor had to join the assignee. This was changed in 1985 by Rule 5.03(3). The assignor does not have to be joined if the assignment is absolute and notice in writing has been given to the person liable to pay.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.