What to Expect at the CAT
Do you live in a Condominium? Does your upstairs neighbour overwater their outdoor plants, resulting in water build up on your patio? Is the Condo trying to remove your pet, claiming it is too large?
Compelling Unresponsive Estate Trustees to Act
An order to accept or refuse appointment under Rule 74.15(1)(a) or (b) of the Rules of Civil Procedure is an under-utilized tool in estate litigation. It allows an interested party to compel the estate trustee, either named in a will or acting as an estate trustee, to seek a certificate of appointment.
Dealing with a Self-Represented Litigant? Handle with Care
Sometimes during an intake meeting, a potential new client will tell me that they want to hire an “aggressive” lawyer. Their expectation usually has to do with making threats at the outset and being difficult and uncooperative with the other side.
A New Benchmark for Family Law Act Damages
Samantha Cain The Ontario Court of Appeal released its decision in Moore v. 7595611 Canada Corp. earlier this year. This case concerned the unfortunate and untimely death of the plaintiffs’ daughter, Alisha Lamers, who died in a fire. Alisha was an only child to...
Unintended Vacancy from Health Issues Can Lead to Insurance Coverage Exclusion
Home insurance policies, unbeknownst to many policy holders, typically have coverage exclusions that apply if damage/loss occurs while the property is “vacant”. Typically, the issue arises when the homeowner intentionally leaves the home for a an extended period of time (ie. vacation, work trips, etc). However, what happens when unexpected events, such as health complications, cause us to be away from home for an extended period of time?
Should they stay or should they go? A cautionary tale about witness exclusions.
It is a fundamental principle of common law that court proceedings are open to the public. There are, of course, factors and circumstances that necessitate a departure from this principle. For example, the exclusion of witnesses for a trial until they are called to give evidence is meant to avoid witnesses giving “tainted” evidence that is influenced by other testimony or court proceedings.
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