Courts in the United States frequently seek assistance from Canadian courts to compel residents to produce evidence, either by way of document production or examinations. These letters of request for judicial assistance, or “letters rogatory”, are statutorily permitted under Canadian federal and provincial legislation. Canadian courts give significant weight to…
It has been 18 years since the Court of Appeal for Ontario decided Stone v. Stone. In this case the Court characterized inter vivos gifts from a father to his adult children as a fraudulent conveyance because the gifts were intended to thwart a spouse’s entitlement under the Family Law Act. Let’s see how courts have applied this seminal case.
How do we know when someone has died? This question has been the subject of debate in Western societies since at least the eighteenth century, and in modern times has become increasingly fraught due to advancements in medical knowledge and resuscitative technology. Historically, the conception of the moment of death was largely based upon cessation of a person’s breathing and heartbeat. However, in recent years most countries have accepted that “brain death” is an additional basis upon which to define death.
Technology has both lessened and increased people’s ability to stay anonymous in society. Sometimes that anonymity has necessitated the application of old legal and equitable doctrines to new legal problems.
The doctrine of undue influence is frequently employed to attack gifts. However, can the doctrine of equitable fraud apply when the requirements of undue influence are not otherwise met? That is the subject of this blog.
In our previous blog, we talked about how expert evidence is often essential to establish the parameters of the standard of care in professional negligence claims. In this blog, we outline how an expert formulates an opinion on those parameters using professional negligence claims against accountants as an example.
Liability in negligence does not necessarily follow where the conduct of one person has caused economic loss to another. To impose liability, you must first establish the existence of a duty of care and a failure on the part of the defendant to meet the required standard of care.
The death of a party during a lawsuit almost inevitably complicates the litigation. In this first in a series of blogs, we set out the procedural steps that must be taken in order to proceed with the lawsuit following the death of a party.
Most people are not used to being involved in litigation. For all but the most experienced litigants, participating in the litigation process is stressful and often downright scary. One of the most anxiety causing steps is the discovery process. Representing frightened clients at discovery can be difficult.
Imagine the following scenario. John and Edward open a shop together in 2009. While running the shop, John steals $1,000 out of the register. Edward finds out and confronts John who apologizes and promises not to do it again. Three years pass, the partnership breaks up and in anger Edward steals pens from the business worth $1,000. John sues Edward for the theft of merchandise. What are Edward’s options?