Did you recently move into a house and come across defects in the quality of the property that you weren’t aware of before the closing date? Note: a defect is generally understood to mean something that constitutes a failing, shortcoming,
Ontario’s prompt payment scheme is a way for contractors to deliver timely invoices and ensure payment on an ongoing basis throughout the completion of a contract. I have many cases where my client contractors wait until the end of contracts
Force majeure clauses tend to have two salient components: the definition of a force majeure event (hereinafter defined as a “Force Majeure Event”); and (2) the remedies that flow when a Force Majeure Event exists. Whether an event is a
When you’re sure, it’s more persuasive to be short. In advocacy, it takes courage to be brief. Generally, lawyers like to play it safe: include everything, miss nothing. The goal, however, is to be persuasive, not safe. Brevity can be
FNF Enterprises Inc. v. Wag and Train Inc., 2023 ONCA 92. Takeaway: Improper conduct by way of value-stripping (removing cash from a corporation) in a way that defeats creditors (here, rent to a landlord) will usually ground a claim for
Injunctions fascinate me because they are one of the few times civil courts actually do something other than award money. When are they used and to what extent? In this decision the LSO urgently brought an injunction to prevent the
