Articles and Cases

How to make the other side fund your lawsuit

In some cases the people you are suing can be ordered to fund the costs of your lawsuit before it is over. In order to do that the Court must be persuaded that your client's case is strong, that the ability to carry on the lawsuit by your client will be seriously compromised if the funds are not advanced, and that the other side has the resources to do so.

Homeless man recovers his share

My client was living in a homeless shelter when his mother died. She left behind a significantly sized estate. He tried to get his share but his brother and sister refused unless he agreed that the sister could be paid certain fees for administering the estate. He declined and we took them to court. The Judge awarded my client his proper share of the estate which enabled him to live better than he had been and the sister was ordered to pay his legal costs out her own pocket. As the court said she was not entitled to hold back any portion of the estate in order to extort an approval of her accounts.

Professional collects fees, Insurance Company helps.

My client was an architect who was insured under a professional liability insurance policy. The policy stated that the insurer would defend the architect "in any civil suit" arising out of a claim for which coverage was provided by the policy. It also provided that the insurer would pay on the architect’s behalf all sums for which he became "liable to pay as damages arising out of a claim". The architect sued his clients for his professional fees. The clients claimed they could set off damages they had suffered from his allegedly negligent architecture against his claim for fees.

Husband's atheism leads court to nix Muslim marriage contract

Different cultures and religions produce their own domestic contracts. Occasionally, the courts have to measure them against Ontario law.

In 1993, as part of a Muslim marriage ceremony held in Germany, a couple signed a document called a maher or mahr. They had previously had a civil marriage in 1991. The mahr document said the husband was to pay the following: 100 German marks and 500 grams of gold and 1 million German marks ($741,643), deferred.

Reaching Behind the Corporate Veil

Our client, an elderly gentleman, owned a piece of vacant land in suburban Toronto. Needing money, he took on a partner to develop the property with him: he would provide the land and the partner would provide the funding. They formed a corporation, with both partners having equal shares in the company. They started a joint venture. The land was signed over to the corporation. The development progressed until government plans changed. It became unclear whether the government ministry would approve the development proposal or expropriate the land.

Defendant's presence key in Anton Piller reviews

The Anton Piller Order is a civil search warrant that, as described by Federal Court Justice Roger Hughes in Vinod Chopra Films Private Ltd. v. John Doe, enables a plaintiff to request entrance to premises occupied by persons named or to become named as defendants in order to search for and seize relevant documents.

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