Monthly Archives: November 2011

Real Estate Agents acting for seller and buyer

There are potential dangers when a real estate agent acts for both the purchaser and the vendor in the sale of a house. An example of problems that can arise occurred in a relatively recent decision of the Ontario Court … Continue reading

Substantial Interference with reasonable enjoyment of Tenancy

Ontario recognizes that a residential tenant’s tenure is not absolute. A tenant who substantially interferes with another tenant’s or landlord’s reasonable enjoyment of the premises puts their tenancy at risk. The Landlord and Tenant Board has , for example , granted evictions … Continue reading

Removal of Litigation Counsel of Record

Sometimes a Court must decide whether a party can keep their lawyer of choice in litigation proceedings. A party for example may bring a motion to remove the opposing party’s lawyer as solicitor of record for that party. There may , … Continue reading

Guilty and Non guilty pleas in Criminal Proceedings

The Criminal Code of Canada sets out the pleas available to an accused. A plea is the accused’s formal answer to the allegations set out in an indictment or information. A general plea of not guilty is the accused’s in-court … Continue reading

Disclosure in Criminal Cases

The accused in a Criminal Case has the right to disclosure from the Crown in order to make full answer and defence to the charges he or she faces. The initial package of disclosure the accused receives may not be … Continue reading

Careful investigation of the facts/law in Trust actions

It is important before launching a court action to carefully review the circumstances of the case  to ensure any civil action, for example for collection of monies , is properly framed. For example , if a statute or the common … Continue reading

Expert Evidence and shaky assumptions

An expert witness’s evidence ,whether in criminal or civil courts, is based on assumptions. The expert’s report/evidence is like a house and the assumptions are like the foundation of a house. If you can establish the assumptions are shaky, weak, … Continue reading

Experts in Criminal/Civil Proceedings

Whether a criminal or civil proceeding, there will be times where the court will need the assistance of an expert witness to adjudicate on the issues before the court. There are a wide range of experts in various disciplines , … Continue reading

Noise in Residential Tenancy Settings

A tenant living in an apartment in Ontario can be evicted from their apartment for substantially interfering with the reasonable enjoyment of other tenants in the building. Noise complaints often find their way before Ontario’s Landlord and Tenant Boards . … Continue reading