The plaintiffs loaned $458,488.07 to the defendants. The repayment of the loan was secured by a promise to pay set out in a promissory note. That note was secured, in turn, by a mortgage on real property in the same amount. Both the promissory note and the mortgage provided for an interest rate of 0.75… Continue reading P.A.R.C.E.L. Inc. v. Acquaviva, 2015 ONCA 331
The plaintiff claimed that the defendant deceived him into having recreational sexual intercourse which, contrary to his wishes, resulted in the birth of a child. He sued the defendant for negligent misrepresentation, seeking $4 million in damages for non-pathological emotional harm caused by unplanned parenthood. The defendant brought a motion to strike the statement of… Continue reading P. (P.) v. D. (D.), 2016 ONSC 258
In its essence, specific performance is a discretionary equitable remedy granted where damages cannot afford an adequate and just remedy in the circumstances. Almost 200 years ago, the principle was described by Sir John Leach, V.C., in Adderley v. Dixon (1824), 57 E.R. 239, 1 Sim. & St. 607, at p. 240 E.R.: Courts… Continue reading Matthew Brady Self Storage Corporation v. InStorage Limited Partnership et al., 2014 ONCA 858
The plaintiffs sold their company V Inc. to the defendant GE Inc., a subsidiary of the defendant G Inc., pursuant to a share purchase agreement. V Inc.’s business did not prosper, and it ultimately made a voluntary assignment into bankruptcy. The defendants failed to pay the plaintiffs. G Inc. had originally planned on spinning off… Continue reading Lakhani v. Gilla Enterprises Inc. 2019 ONSC 1727
The defendant held a second mortgage on M’s property. M told her that he was planning to refinance and asked her if she would postpone her mortgage to give the new mortgagee priority. The defendant refused to do so. M’s company then gave a mortgage to the plaintiff, and the first mortgage was paid out.… Continue reading L-Jalco Holdings Inc. v. MacPherson 2017 ONSC 4055
“The plaintiffs retained H as their real estate agent for the sale of their home. H was asked by the defendants Mr. and Mrs. F to present an offer, and these defendants also retained H as agent to sell their own home. After negotiations, the plaintiffs accepted an offer at a selling price of $380,000.… Continue reading Harland v. Fancsali, 13 O.R. (3d) 103 [1993] O.J. No. 961
The defendant published comments about the plaintiff on Facebook describing him as an extortionist who was obsessed with becoming a millionaire. The plaintiff sued the defendant for damages for defamation. Held, the action should be allowed. The statements complained of were defamatory. The plaintiff was awarded general damages in the amount of $15,000… Continue reading Kumar v. Khurana, 2015 ONSC 7858
Nuisance is a common law tort, and it is a form of strict liability that is not concerned with fault or misconduct. Rather, it is a social ordering law based on imposing responsibility or legal liability when an owner’s use of his or her property unreasonably interferes with the use and enjoyment of land by… Continue reading Freedman v. Cooper, 2015 ONSC 1373
The parties’ father, DF, made three transfers of money to the defendant and made a bequest to her of his Canada Savings Bonds. The first transfer involved the proceeds of a mature bond, which were used to purchase a GIC in the defendant’s name. When the GIC matured, the principal and interest were deposited into… Continue reading Foley v. McIntyre, 2015 ONCA 382
The plaintiff was injured while working as a go-kart race director when a driver crashed into hay bales lining a corner of the track. The plaintiff had signed a waiver which purported to release his employer from liability for damages associated with participation in the event due to any cause. The plaintiff, who was an… Continue reading Fleming v. Massey, 2016 ONCA 70
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