Michael’s Law Firm Blog2018-10-05T15:09:06-04:00

Michael’s Law Firm Blog

Discoverability and Professional Relationships

Recently, in Presidential MSH Corporation v. Marr Foster & Co. LLP, 2017 ONCA 325, the Court of Appeal again addressed the discoverability doctrine within the scope of professional relationships. This decision is likely to have significant implications in cases involving professional negligence. The facts of the Presidential MSH Corporation (Presidential) case were relatively straightforward. Presidential retained the defendant accountants to file its income taxes, which they were late doing. This [...]

By |April 24th, 2017|Categories: Malpractice, Professinal Negligence|

Defamation – Collection of Damage Awards

Though defamation lawsuits are relatively rare, (likely owing to their cost and the fact that insurance coverage is not commonly available), damage awards can still be substantial, as illustrated in the recent McNairn v Murphy, 2017 ONSC 1678 (CanLII) case. In that decision, Justice Beaudoin canvassed awards from a number of other defamation cases, making it a valuable starting point if you are researching damage awards for libel or slander. [...]

By |April 10th, 2017|Categories: Business Law, Ontario Courts|

Canadian Medical Protective Association (CMPA) Loses in Court

In the recent Goodwin v Nadel, 2017 ONSC 1641 (CanLII) case, the Ontario Superior Court struck a doctor’s limitations defence, despite the fact that the claim was not brought for 11 years after treatment. This result is significant, in that it reaffirms that in certain instances of alleged professional negligence, the ‘discoverability doctrine’ will apply, extending the applicable limitations period. Facts of the Case The facts in the Goodwin case [...]

By |March 19th, 2017|Categories: Legal System, Ontario Courts|

Pro Se – Penny Wise and Pound Foolish

The legal system can be a dangerous place to go it alone, as the recent Lippa v. Colletta, 2017 ONSC 1122 (CanLII) case illustrates. The facts in the Lippa case are relatively straightforward. In October 2009, Ms. Lippa was looking to purchase a home. She retained realtor Hal Latimer to assist her, and Mr. Latimer brought her attention to a home. Ms. Lippa decided to place an offer, conditional on [...]

By |February 24th, 2017|Categories: Real Estate|

Important Court of Appeal Decision – Legal Malpractice

Factual Background In 2007, Darren and Lillian Jarbeau (hereafter ‘Jarbeau’) purchased a new home in North Bay, built by Thermolith Homes, for $270,000.00. The home was a pre-fabricated structure built in Belgium and assembled on site. It leaked (due to improper water barrier installation), was defective and did not meet Ontario's building code. Jarbeau then retained lawyer Ian McLean to recover damages, which ran to several hundred thousand dollars. On [...]

By |February 20th, 2017|Categories: Malpractice, Real Estate|

When is Water Damage Covered Under a Homeowner’s Insurance Policy in Ontario?

Recently, in Wight v Peel Insurance, 2016 ONSC 6904 (CanLII), the Superior Court was required to determine whether water damage was covered under a Homeowner’s insurance policy, issued by Peel Insurance. The facts in that case are relatively straightforward. Ms. Wright, owned a home located 15 metres from a creek. Approximately 500 metres up the creek was a man-made dam covering 10-12 acres, on property owned by Huntsville-Highlands. In April [...]

By |December 14th, 2016|Categories: Insurance|

Court of Appeal Releases Important Class Action Decision on Jurisdiction

Today, the Court of Appeal released an important decision governing which class actions may properly be brought in Ontario Courts. In Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2016 ONCA 916, the plaintiff, a limited partnership operating in Toronto, brought suit against a Toronto based accounting firm after losing its almost million dollar investment in Southern China Livestock Inc., a Nevada Corporation, which owned or operated a number [...]

By |December 7th, 2016|Categories: Ontario Courts, Professinal Negligence|

Will a Jury Help Your Car Accident Case in Ontario?

Few would argue that the human body is designed to withstand the forces involved in car accidents without injury. Where one party is injured through the fault of another, our legal system is designed to provide the injured person with compensation. Unfortunately, our legal system often fails to function properly where injuries are sustained in a car accident. The recent case of Mandel v. Fakhim, 2016 ONSC 6538 provides one [...]

By |October 22nd, 2016|Categories: Motor Vehicle Accidents, Ontario Courts|

When Will a Court Refuse To Enforce a Contract As Unconscionable?

In certain circumstances, the Court will refuse to enforce the written terms of a contract. The recent case of Singh v. Trump, 2016 ONCA 747 provides one such example. In that case, which I’ve written about in more detail here, two condo buyers alleged that they had been induced to buy ‘Hotel Units’ in Trump International Hotel based on misrepresentations, including inaccurate estimates as to their projected returns on investments. [...]

By |October 17th, 2016|Categories: Business Law|

Real Estate Investors Induced By Misrepresentations

In the mid 2000’s, two middle class Toronto residents, Mr. Singh and Mrs. Lee, were each (separately) looking to profit from Toronto’s rising housing market. When each heard about the planned Trump International Hotel and Tower, they decided to visit the sales center to learn more about the project. It was a visit each would come to regret. Trump International Hotel and Tower is Born: The Trump International Hotel and [...]

By |October 14th, 2016|Categories: Professinal Negligence, Real Estate|
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