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Blog

26
Jul 2021
Jul 2021
Beware – A Lawyer can Become a Trustee to an Opposing Party

In Green Light Solutions Corp. v. Baker (2021 BCCA 287), the British Columbia Court of Appeal examined when and how a lawyer’s trust obligation to a non-client may arise. In Green Light, Mr. Baker’s client, Lynx, entered into a loan agreement with Green Light, which provided for a $30,000 USD deposit to be paid to...

Commercial Litigation
Continue Reading
13
Jul 2021
Jul 2021
The doctrine of good faith and the duty of honest performance in Contract Law

Discretion is not unfettered between contracting parties. There are limits. On December 18, 2020, two Supreme Court of Canada decisions imposed limits on how discretion provided for in a contract may be exercised. In C.M. Callow Inc. v. Zollinger (2020 SCC 45) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (2021 SCC...

Commercial Litigation
Continue Reading
29
Dec 2020
Jul 2021
Amendments to Ontario’s Rules of Civil Procedure

The Covid-19 pandemic has changed the way law firms practice, and on January 1, 2021, the Rules of Civil Procedure are being amended to reflect the new reality. Below is a summary of the amendments that will most significantly affect Ontario lawyer’s day-to-day practices. Method of Hearing As video conferences have quickly become the norm,...

Commercial Litigation
Continue Reading
17
Oct 2020
Dec 2020
Enforcing Judgments in Ontario

So, you’ve finally had your day in court. A judge has ruled in your favour and has written an order that sets out what you are entitled to. That’s great!  Now you might be wondering, how do I collect? If you’re in Ontario, the Rules of Civil Procedure provide several methods for enforcing an order...

Commercial Litigation
Continue Reading
13
Feb 2019
Dec 2020
Demands for Particulars and Requests to Inspect Documents

Most litigators have encountered a poorly drafted Statement of Claim that their client is obligated to respond to or risk default judgment. A poorly drafted claim may make serious allegations against the Defendant but fail to adequately detail the supposed wrongdoing. This creates a difficulty for the Defendant, as it lacks the detail it needs...

Commercial Litigation
Continue Reading
18
Jan 2019
Feb 2019
The Doctrine of Resulting Trust

There is a difference between paper title ownership and beneficial ownership of property. Most of the time, the same person is the paper title owner (or the legal owner) and the beneficial owner of a property. However, under certain circumstances, the paper title owner and the beneficial owner can be two different people – sometimes...

Commercial Litigation
Continue Reading
20
Nov 2018
Feb 2019
Retail Cannabis Licences

As you all know, it is now legal to consume cannabis in Canada. While the federal government was responsible for legalizing cannabis consumption, the provincial governments have been left to address the orderly and safe sale of cannabis to the public. Some provincial governments have rolled out the sale of cannabis through their provincially-owned stores,...

Corporate
Continue Reading
19
Aug 2018
Aug 2018
Update on the Principal Residence Exemption

In Canada, you do not have to pay capital gains tax on any increase in the value of your principal residence for each year you have properly designated the home as such. This is second nature to most Canadians – buy a house – live in it – sell it – claim the exemption. Starting...

Real Estate
Continue Reading
19
Aug 2018
Aug 2018
HST Considerations when Buying a Pre-construction Unit

We don’t usually associate paying HST with purchasing a home or condo that we intend to live in. However, when purchasing a pre-construction unit as an investment, its important to understand the HST implications before signing the Agreement of Purchase and Sale (or at least before the cooling offer period expires).   When a purchaser...

Real Estate
Continue Reading
16
Aug 2018
Aug 2018
The Deposit is being Held In Trust but for Who

Deposits are generally a necessary part of real estate transactions. Once the purchaser and the vendor agree to terms in an Agreement of Purchase and Sale, the purchaser is then usually required to deliver a deposit to the vendor’s real estate brokerage shortly thereafter. The deposit is held, in trust, by the real estate brokerage...

Commercial Litigation Real Estate
Continue Reading
1 2 3

Blog

26
Jul 2021
Jul 2021
Beware – A Lawyer can Become a Trustee to an Opposing Party

In Green Light Solutions Corp. v. Baker (2021 BCCA 287), the British Columbia Court of Appeal examined when and how a lawyer’s trust obligation to a non-client may arise. In Green Light, Mr. Baker’s client, Lynx, entered into a loan agreement with Green Light, which provided for a $30,000 USD deposit to be paid to...

Commercial Litigation
Continue Reading
13
Jul 2021
Jul 2021
The doctrine of good faith and the duty of honest performance in Contract Law

Discretion is not unfettered between contracting parties. There are limits. On December 18, 2020, two Supreme Court of Canada decisions imposed limits on how discretion provided for in a contract may be exercised. In C.M. Callow Inc. v. Zollinger (2020 SCC 45) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (2021 SCC...

Commercial Litigation
Continue Reading
29
Dec 2020
Jul 2021
Amendments to Ontario’s Rules of Civil Procedure

The Covid-19 pandemic has changed the way law firms practice, and on January 1, 2021, the Rules of Civil Procedure are being amended to reflect the new reality. Below is a summary of the amendments that will most significantly affect Ontario lawyer’s day-to-day practices. Method of Hearing As video conferences have quickly become the norm,...

Commercial Litigation
Continue Reading
17
Oct 2020
Dec 2020
Enforcing Judgments in Ontario

So, you’ve finally had your day in court. A judge has ruled in your favour and has written an order that sets out what you are entitled to. That’s great!  Now you might be wondering, how do I collect? If you’re in Ontario, the Rules of Civil Procedure provide several methods for enforcing an order...

Commercial Litigation
Continue Reading
13
Feb 2019
Dec 2020
Demands for Particulars and Requests to Inspect Documents

Most litigators have encountered a poorly drafted Statement of Claim that their client is obligated to respond to or risk default judgment. A poorly drafted claim may make serious allegations against the Defendant but fail to adequately detail the supposed wrongdoing. This creates a difficulty for the Defendant, as it lacks the detail it needs...

Commercial Litigation
Continue Reading
18
Jan 2019
Feb 2019
The Doctrine of Resulting Trust

There is a difference between paper title ownership and beneficial ownership of property. Most of the time, the same person is the paper title owner (or the legal owner) and the beneficial owner of a property. However, under certain circumstances, the paper title owner and the beneficial owner can be two different people – sometimes...

Commercial Litigation
Continue Reading
20
Nov 2018
Feb 2019
Retail Cannabis Licences

As you all know, it is now legal to consume cannabis in Canada. While the federal government was responsible for legalizing cannabis consumption, the provincial governments have been left to address the orderly and safe sale of cannabis to the public. Some provincial governments have rolled out the sale of cannabis through their provincially-owned stores,...

Corporate
Continue Reading
19
Aug 2018
Aug 2018
Update on the Principal Residence Exemption

In Canada, you do not have to pay capital gains tax on any increase in the value of your principal residence for each year you have properly designated the home as such. This is second nature to most Canadians – buy a house – live in it – sell it – claim the exemption. Starting...

Real Estate
Continue Reading
19
Aug 2018
Aug 2018
HST Considerations when Buying a Pre-construction Unit

We don’t usually associate paying HST with purchasing a home or condo that we intend to live in. However, when purchasing a pre-construction unit as an investment, its important to understand the HST implications before signing the Agreement of Purchase and Sale (or at least before the cooling offer period expires).   When a purchaser...

Real Estate
Continue Reading
16
Aug 2018
Aug 2018
The Deposit is being Held In Trust but for Who

Deposits are generally a necessary part of real estate transactions. Once the purchaser and the vendor agree to terms in an Agreement of Purchase and Sale, the purchaser is then usually required to deliver a deposit to the vendor’s real estate brokerage shortly thereafter. The deposit is held, in trust, by the real estate brokerage...

Commercial Litigation Real Estate
Continue Reading
1 2 3
Information on this website and the on pages herein is not to be considered legal or financial advice. Should you require legal advice, please contact a lawyer at Lemke Law Professional Corporation. Our contact information can be found on the Contact Us page.

Lemke Law Professional Corporation practices in association with James M. Ayres.
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