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Lifting Executions

Posted on March 26, 2021 | Posted in Collections, Five Liners

BMO v. Cadogan 2020 Ont SCJ

A lawyer made a statement on the electronic registry of a transfer that the execution filed against the vendor/debtor had been released. Accordingly, the debtor was able to transfer the property to purchasers without an execution binding the transfer. In fact, the execution had not been released and the lawyer was held to have known this. The execution creditor obtained a judgment against the lawyer for the amount of the debt plus punitive costs of $20,000.

 

Jonathan Speigel

 

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

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