The “Loser Pays” Cost Construct Remains Alive and Well in Estates Disputes

By way of a recent decision by Justice Sheard of the Ontario Superior Court, litigants in estates disputes are reminded again that the “loser pays” system remains applicable to estates disputes, and the court retains its broad discretion to sanction improper conduct by the parties. The parties in Dewaele v. Roobroeck, 2021 ONSC 1604, were […]

It May Be Time to Revisit Your Continuing POA Property Precedent

A series of recent Capacity and Consent Board decisions have called into question the use of standard language found in many continuing power of attorney for property precedents found in law firms across Ontario, including the current Law Society of Ontario annotated precedent. Specifically, the issue relates to the language used to declare that a […]

COVID-19: Court Strongly Suggests Settling Writ of Execution Dispute

In Ali v. Tariq, 2020 ONSC 1695 (CanLII) an application was advanced seeking to set aside a writ of execution that had been filed pursuant to a default judgment relating to lands and premises belonging to the applicant. The applicant had sold her property and the sale was scheduled to close the following day. The […]

COVID-19 Insurance Coverage: Are Our Business Losses Covered? If Not, is Your Broker Responsible?

We are certainly in unprecedented times. With schools closed, businesses shuttered, events cancelled, and “social distancing”, the impact of COVID-19 for some Canadian businesses has been devastating. A common question asked by business owners, directors and officers, is whether their company has insurance to cover COVID-19 related losses? The short answer is: Perhaps, but probably […]

Oppression: Divisional Court Upholds Liquidation to Resolve Shareholder Dispute

Basegmez v. Akman, 2018 ONSC 812 Recently, the Divisional Court upheld a decision by Lederman J., whereby the court ordered the liquidation of a closely held corporation after finding that one of the shareholders acted oppressively;  in other words, in a manner that was unfairly prejudicial to the other shareholders. Tarn Financial Corporation was founded […]