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Law Offices of Nizam Hashmi > Blog List with Right Sidebar

Ontario Business Corporations Act, Oppression Remedy, Damage, Trial, Appeal, Costs

*Georgakakos v. Georgakakos 2020 ONSC 2256 The appellants were minority shareholders in a family holding company, AG, controlled by their father, the individual respondent. Initially, he owned 51 per cent of the shares of the company and held 40 per cent of the shares in trust for the appellants, with his wife holding the remaining nine per cent. After he and his wife divorced, the wife resigned as a director and transferred her shares to one of the respondent holding companies. AG owned shares in a company that operated a poultry processing operation. Another of the shareholders of that company decided...

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#Real #Estate #Litigation: Breach of Agreement, Damage, Loss

*Pordell v. Crowther Estate 2020 ONSC 1635 The plaintiff agreed to purchase from the defendant a residential property with a closing date of June 22. The agreement contained a standard insurance clause providing that the risk remain with the seller until completion and that in the event of “substantial damage”, the buyer had the option of terminating the agreement or taking insurance proceeds and completing the purchase. The agreement allowed for four visits by the purchaser prior to closing. The plaintiff had exercised one visit before discovering a fire on April 27, by which time the property had been vacant for...

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Rumsam v. Pakes – Limitation Period, Discoverability

*Rumsam v. Pakes 2019 ONCA 748 Limitations — Discoverability — Reasonable diligence — Plaintiff suing clinic and doctor who treated her for wrist injury for negligence in failing to advise her that follow-up x-ray was required — Plaintiff discovering by August 2013 at latest that x-ray report that recommended follow-up x-ray was reviewed by unidentified clinic doctor and not by defendant — Plaintiff moving to add that doctor as defendant in January 2017 — Motion judge erring in granting motion — Plaintiff not exercising reasonable diligence after discovering claim against unidentified doctor as she took no steps to determine doctor’s identity for...

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Mulholland v. BMO Trust Co- Succession Law Reform Act, Equitable Remedy

*Mulholland v. BMO Trust Co.2019 ONSC 5785 Civil procedure — Costs — Full indemnity — Substantial indemnity — Estoppel — Proprietary estoppel — Elements — Representation element — Reliance element — Detriment element —  Trusts and trustees — Trustees — Duties — Trusts and trustees — Trustees — Liability — Wills and estates — Dependants’ relief — Entitlement —Succession Law Reform Act, R.S.O. 1990, c. S.26. The respondent and her husband had nine children. In 1983, one of the children left school due to health problems and returned to live with his parents on a horse farm property his father had recently purchased....

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Family Law: Spousal Support, Summary Judgment

*Birnie v. Birnie Estate] 2019 ONSC 2152 The applicant and B entered into a separation agreement in 2004 that required B to obtain a life insurance policy in the amount of $500,000 designating the applicant as the irrevocable beneficiary and to maintain that beneficiary designation for so long as he was required to pay spousal support to the applicant. B did not obtain the contemplated insurance. He died in 2017. The applicant brought an application for an order requiring B’s estate to pay her $500,000 and a motion for summary judgment. Held, the motion should be granted. The sole purpose of the life...

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Civil Litigation: Contract, Trust, Property, Real Estate, Damage, Trial, Appeal

**Paulus et al. v. Fleury2018 ONCA1072 During a pre-trial conference in an action for damages arising from a motor vehicle accident, counsel for the plaintiffs stated that he had “independent” witnesses to the collision who were “good people” and “solid good witnesses”. The defendant’s counsel agreed to settle theclaim. Defence counsel thendiscovered that the witnesses’ son lived across the street from the plaintiffs. He repudiated thesettlement. The plaintiffs brought a motion to enforce the settlement. Theyarguedthatwhentheircounseldescribedthewitnessesasindependent,hemeant that they could give evidence extrinsic to that of the plaintiffs, as they were in a separate car in a separate lane, and not that they did not know the plaintiffs. The motion judge rejected that interpretation. He found that the plaintiffs’ counsel’sstatementthatthewitnesseswere“independent”wasastatementoffact,not opinion, and that it was untrue. He concluded that the statement amounted to civil fraud and...

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Family Law: Spousal Support, Property​ Division

Climans v. Latner 2019 ONSC 1311** The parties separated in 2015 after a 14-year relationship that was sexual in nature. During that relationship, they maintained separate Toronto residences. The applicant claimed that she kept her own house so that her children from a previous marriage could be close to their school. The respondent, who was extremely wealthy, paid all of the applicant’s expenses and provided her with spending money. They exchanged rings and held themselves out to others as a couple. After the separation, the applicant brought an application for spousal support. The respondent claimed that the applicant was his...

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Aquilina v. Aquilina, Family & Divorce Law

Family & Divorce Law, equalization of net family property, intestate, election *Aquilina v. Aquilina, 2018 ONSC 3607 The applicant’s husband died intestate shortly after receiving a cancer diagnosis. The deceased’s complex international estate would not be an easy one to administer. As yet, the estate had no administrator. The applicant brought an application to extend the six-month deadline under s. 6 of the Family Law Act (“FLA”) for electing to receive an equalization payment under the FLA in lieu of her entitlement under the Succession Law Reform Act. Held, the application should be allowed. Any time prescribed by the FLA can be extended pursuant...

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Family and Divorce Law: Child Support, Retroactive, Prospective, Child Access, Custody

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Athwal v. Athwal, 2007 BCSC 221 [1] The parties have each made applications to the court relating to the support of their daughter who turned 19 years old on November 7, 2006. Ms. Athwal seeks an increase in child support retroactive to 1999. Mr. Athwal opposes a retroactive increase and also seeks an order determining that his obligation to pay child support ceased upon his daughter reaching the age of majority. [2] The parties married in 1982 and separated in 1988 when their daughter, Ramonique, was six months old. On June 25, 1990,...

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Family Law: Divorce, Separation, Property Division, Support, Resulting Trust

*Holtby v. Draper 2017 ONCA 932 The husband and wife began living together in 1994, at a time when the husband was engaged in matrimonial litigation with his first wife, B. They were married in 1995 and separated in 1999. In 1994, the husband owned a dairy farm, and B and he were joint owners of an adjoining lot (lot 8). He was facing potential charges of sexually assaulting his foster daughter W and a potential civil claim by W. In partial settlement of the matrimonial litigation with B, lot 8 was transferred from the husband and B to the husband...

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Commercial, Real Estate, Breach of Contract Litigation

*Romijay Enterprises Ltd. v. 11 Yorkville Partners Inc. 2017 ONSC 2388 The plaintiff R Ltd. owned one unit in an eight-unit condominium property. The wife of R Ltd.’s controlling mind B had renovated the unit for use by B’s law firm. After his wife died of cancer, B stopped practising law and transformed the unit into an alternative healing centre. The defendant Y Inc. owned five units in the property. It wished to cause the condominium corporation to sell the property to a non-arm’s-length purchaser, and relied upon s. 124(2) of the Condominium Act, 1998, which provides that a condominium corporation...

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Wrongful Dismissal: Brake v. PJ-M2R Restaurant Inc.

**Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 Employment — Wrongful dismissal — Constructive dismissal — Employer telling restaurant manager that she could accept demotion to position as first assistant with meaningfully inferior benefits or be fired — Employee constructively dismissed — Employee not obliged to accept humiliating demotion in order to mitigate her damages. Employment — Wrongful dismissal — Damages — Mitigation — Trial judge awarding constructively dismissed employee damages based on notice period of 20 years (inclusive of statutory entitlement to termination and severance pay) — Employment income earned by employee during statutory entitlement period not subject to deduction...

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Corporate Fraudulent Case: Midland Resources Holding Ltd. v. Shtaif

**Midland Resources Holding Ltd. v. Shtaif, 2017 ONCA 320 Actions — Bars — Settlement — Plaintiff shareholders induced by defendants’ deceit and fraudulent misrepresentation to invest in sham company to develop oil and gas fields in Russia — Fraud coming to light in June 2006 — Parties entering into settlement agreement and reorganizing venture using new company — Plaintiffs suing defendants for fraudulent misrepresentation, deceit and conspiracy — Settlement agreement not precluding plaintiffs from asserting any claims for period before June 2006. Corporations — Directors — Duties — Trial judge erring in finding that director was liable to shareholder for breach...

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Breach of Contract and Fiduciary Duty: Prim8 Group Inc. v. Tisi

employment law-termination-breach of contract-breach of fiduciary duty-civil conspiracy-conversion-tort-damage-loss-court litigation-appeal *Prim8 Group Inc. v. Tisi, 2016 ONSC 5662 "T began working for Prim8 in 2008, bringing with him customized content management software (“CMS”) which had previously been written by contracted programmers under T’s direction. In 2010, T became a shareholder, director and officer of Prim8. At that time, CMS became a Prim8 asset. In December 2011, T removed computer equipment from Prim8’s offices after hours and then resigned without notice in order to offer web-based services through his own firm. M, a senior employee who reported to T, resigned without notice about a...

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Civil Fraud, Fraudulent Act: Harland v. Fancsali

civil-fraud-fraudulent-act-ommission-misrepresentation-criminal-burden-proof-probabilities-real-estate-transaction-agent-purchase-sale-purchaser-seller- deposit-offer-agreement-cancel-refuse-court-litigation **Harland v. Fancsali, 13 O.R. (3d) 103 [1993] O.J. No. 961 “The plaintiffs retained H as their real estate agent for the sale of their home. H was asked by the defendants Mr. and Mrs. F to present an offer, and these defendants also retained H as agent to sell their own home. After negotiations, the plaintiffs accepted an offer at a selling price of $380,000. The offer was conditional on the defendants Mr. and Mrs. F selling their own home before midnight, February 16, and it provided that if the plaintiffs received another offer, then these defendants had 48...

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Child Access & Custody: Balev v. Baggott

family-lawyer-separation-child-access-custody-hague-convention-habitutal-residence-retention-breach-separation-divorce-court-application-motion-trial-appeal *Balev v. Baggott, 2016 ONCA 680 "The parties were Canadian citizens. They moved to Germany in 2001 and attained permanent resident status. Their two children were born in Germany but were not German citizens. The parties separated in 2011, and the father was awarded interim custody of the children. In April 2013, the father gave his time- limited consent to the mother taking the children to Canada so that they could attend school in Ontario. At the end of the consent period, the mother unilaterally decided to stay in Ontario and refused to return the children to Germany. The father’s application...

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Spousal Support – Berta v. Berta

Family law — Support — Spousal support — Wife’s capital gains on one-time sale of shares not included in her income for spousal support purposes — Wife’s income calculated on basis of what income her capital resources could reasonably produce if properly invested. *Berta v. Berta, 2016 ONSC 5723 "The Court of Appeal set aside a spousal support award on the basis that the trial judge’s determination of the wife’s annual income for spousal support purposes was unclear. The spousal support issue was remitted to the trial judge for reconsideration. The court also ordered a reconsideration of the award of full indemnity...

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Unjust Enrichment: Granger v. Granger

#Family #Property #Division, #Partition and #Sale, #Unjust #Enrichment, #Constructive #Trust, #Title #Dispute, #Undue #Influence, #Power of #Attorney, #Family #Court #Trial, #Civil #Court #Trial, #Appeal" *Granger v. Granger, 2016 ONCA 945 "J lived with his mother, K, in the family home for 30 years. He claimed that he looked after K and the house and that K initially promised him that he would have half the house on her death and later promised him that he would have the entire house when she died. In 2012, exercising a power of attorney given to her by K, J’s sister H transferred title to the...

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Debt Dispute Litigation: Watkins v. Western Assurance Co.

#Debt Collection, #Credit Dispute, #Collection Calls, #Contract Dispute, #Secured Loan, #Unsecured Loan *Watkins v. Western Assurance Co., 2016 ONSC 2574 [32] The court shall only grant summary judgment if it is satisfied that there is no genuine issue requiring a trial. Pursuant to rule 20.04(2)(a) and (2.1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, the court shall consider the evidence submitted by the parties and may exercise any of the following powers for the purpose of determining whether there is a genuine issue requiring a trial, unless it is in the interest of justice for such powers to be...

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