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

Michael’s Law Firm Blog

BigLaw Tax Advice Contributes to Significant Adverse Judgment

When Ahmed Baig decided to purchase and flip a commercial building that was under receivership, he turned to BigLaw for help. He retained Peter Kiborn, then a partner at Miller Thomson LLP to handle the transaction on his behalf. As part of that retainer, Mr. Kiborn provided advice concerning Baig's obligations to pay land transfer tax. That advice would later play a significant role in Justice Myers decision that Mr. [...]

By |February 28th, 2016|Categories: Uncategorized|

Success in Ontario Court – Judgment Obtained after Defendant’s Defences Struck

Recently, Michael Lesage successfully obtained a default judgment for his client after having the defendant’s defences stricken. In the commercial litigation that had been ongoing for approximately two years, several Orders had been made against the defendant, with which he made no effort to comply. In the face of such non-compliance, I moved to have his defences stricken, which after hearing (and further non-compliance) the Ontario Court granted. The authority [...]

By |February 13th, 2016|Categories: Ontario Courts|

Insurer Ordered to Provide Coverage in Ontario Title Insurance Lawsuit

A Toronto homeowner was recently awarded coverage against hidden structural defects in home 7 years after purchase. This just goes to show that when buying a property, it is often a good idea to purchase property title insurance for protection against unknown risks or problems. This was aptly illustrated in the recent case of MacDonald v. Chicago Title Insurance Company of Canada, 2015 ONCA 842 (CanLII). In that case, Paul [...]

By |December 4th, 2015|Categories: Insurance|

Ruling from an Underinsured Motorist Coverage Case

Court Reaffirms UM Coverage Unavailable Until Tort Limits Exhausted Recently, in Kovacevic v ING Insurance, 2015 ONSC 3415 (CanLII) the Court was asked to determine whether underinsured motorist coverage was available (from the Kovacevics insurer, ING Insurance) where the Kovacevics settled their liability claim with the at-fault vehicle owner for $300,000.00, which was less than his available policy limits of $1,000,000.00. The underlying Kovacevic action arose after the Kovacevics were [...]

By |October 14th, 2015|Categories: Insurance, Motor Vehicle Accidents|

Parental Liability For Schoolyard Bullying – Don’t Count on Your Insurance to Bail You Out

Historically, parents were not legally responsible for restitution for damages caused by their children. Accordingly, as recently as 1978, the Ontario Superior Court held that "[t]here is no liability upon parents resulting from a child's torts based solely on the parent and child relationship unless negligence is established on the part of the parents." Floyd et al. v. Bowers et al., 1978 CanLii 1465 (ON SC). Nonetheless, the Court in [...]

By |October 3rd, 2015|Categories: Uncategorized|

How Much Is My Personal Injury Claim Worth in Ontario?

If you've been injured in an accident or through the negligence of another, you may be wondering if you're entitled to compensation. If your injuries are serious, you're probably wondering what happens now, what are my options and "how much is my personal injury claim worth?" The answer to how much your personal injury claim could be worth will depend upon a number of factors, some of which I will [...]

By |August 26th, 2015|Categories: Ontario Courts, Personal Injury|

Slip and Falls on City Sidewalks in Ontario – An Update

The Municipal Act, R.S.O. 1990, c M.45 and/or the City of Toronto Act, 2006, SO 2006, C 11, Sch A impose a responsibility upon a municipality to keep a road or sidewalk in a reasonable state of repair in the circumstances. Accordingly, a municipality may be liable where someone trips (and is injured) on a change of elevation of as little as 3/4". Grayling v. The Corporation of Haldimand County, [...]

By |August 23rd, 2015|Categories: Personal Injury|

The Statute of Limitations – Often an elastic 2 years

The Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. generally provides a two year period to bring an action. However, in practice, that period can be somewhat elastic and subject to what the courts term the 'discoverability principal.' This was illustrated in the recent Naipaul v State Farm Mutual Insurance Company, 2015 ONSC 2186 (CanLII) case. In the mentioned case, a husband and wife were injured in a car accident with [...]

By |August 8th, 2015|Categories: Ontario Courts|

Success in Court – Motion to Set Aside a Default Judgment

Recently, a defendant moved to set aside a default judgment (Rule 19.08) in a case I was prosecuting. Generally, in determining whether to set aside a default judgment, the Ontario Court will consider the following five major factors: a) Whether the motion was brought promptly after the defendant learned of the default judgment; b) Whether the defendant has a plausible excuse or explanation for the default; c) Whether the defendant [...]

By |July 31st, 2015|Categories: Legal System, Ontario Courts|

Success in Court – Motion for Security for Costs

Recently, a foreign resident brought a frivolous lawsuit against one of my clients. Even if my client won the case and successfully defended the claim, there was no guarantee he would be able to recover any of his legal expenses. In order to avoid that outcome, I scheduled a hearing and brought a Motion for Security for Costs under Rule 56.01. On a motion for security for costs, the Court [...]

By |July 31st, 2015|Categories: Ontario Courts|
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