Author Archives: admin

The Duties of a Mortgagee under a Power of Sale in Ontario

The duties of a mortgagee acting under a power of sale in Ontario are: 1. A mortgagee selling under a power of sale is under a duty to take reasonable precautions to obtain the true market value of the mortgaged … Continue reading

Entrapment in Canada

Entrapment occurs when: (a) the authorities provide a person with an opportunity to commit an offence without acting on a reasonable suspicion that this person is already engaged in criminal activity or pursuant to a bona fide inquiry; or (b) … Continue reading

Security of the Person: S. 7 Canadian Charter of Rights and Freedoms: Physical/Psychological Integrity

Security of the person is one of three interests afforded protection under s.7 of the Canadian Charter of Rights and Freedoms (the “Charter”). But the protection is not absolute. An individual may be deprived of security of the person provided … Continue reading

Rectification of Contracts in Ontario

On occasion, a written agreement may not reflect what the parties’ actually intended. Rectification of the agreement may be available to ensure it reflects the parties’ intentions. Rectification is an equitable remedy designed to correct errors in the recording of … Continue reading

Litigation Privilege in Canada

Litigation privilege is a common law rule that gives rise to an immunity from disclosure for documents and communications whose dominant purpose is preparation for litigation. This privilege has sometimes been confused with solicitor-client privilege. Solicitor-client privilege and litigation privilege … Continue reading

Palpable and Overriding errors

In Housen v. Nikolaisen (2002) 2 S.C.R. 235, at para. 25, the Supreme Court stated with regard to the standard to be applied on appeal of findings of fact, “palpable and overriding error” was the correct standard. The court stated … Continue reading

The rule in Browne v. Dunn

The rule in Browne v. Dunn (the “Rule”) establishes that if counsel seeks to challenge the credibility of a witness by calling contradictory evidence, the witness must be given the opportunity to address such evidence during cross-examination. The nature of … Continue reading

Caveat Emptor and the Purchase and Sale of residential real estate in Ontario

The doctrine of caveat emptor (“let the buyer beware”) applies to residential real estate transactions in Ontario. The underlying rationale for the doctrine rests on a policy decision as to which party should bear the risk of any deficiencies in … Continue reading

The Summary Hearing process under the Ontario Human Rights Code

The summary hearing process under the Ontario Human Rights Code (the “Code”) is described in Rule 19A of the Tribunal’s Rules of Procedure as well as the Tribunal’s Practice Direction on Summary Hearing Requests. The purpose of the summary hearing … Continue reading

Defamation

A publication which tends to lower a person in the estimation of right thinking members of society or to expose a person to hatred, contempt or ridicule is defamatory. What is defamatory may be determined from the ordinary meaning of … Continue reading