The plaintiff and the defendant had a close personal and romantic relationship of some duration. After the 18-year-old plaintiff went away to university, the defendant pressured her to provide him with an intimate video of herself, assuring her that only he would see it. She reluctantly did so. The same day he received it, the… Continue reading Doe 464533 v. D. (N.), 2016 ONSC 541
In 1997, the plaintiff purchased a condominium unit and a parking space. The lawyers for the applicant and the vendor inadvertently neglected to include a conveyance of the parking space. The applicant discovered the error in 2015, but was unable to locate the vendor. He brought an application for a declaration that he owned the… Continue reading Chopra v. Vincent, 2015 ONSC 3203, Superior Court of Justice, Dunphy J. May 20, 2015
The plaintiff franchisor sued the defendant franchisees for a declaration that the franchise agreement was at an end and damages for breach of contract. The franchisees counterclaimed, claiming rescission of the franchise agreement under s. 6(2) of the Arthur Wishart Act (Franchise Disclosure), 2000 on the basis of the franchisor’s failure to disclose the existence… Continue reading Caffé Demetre Franchising Corp. v. 2249027 Ontario Inc., 2015 ONCA 258
The agreement of purchase and sale (“APS”) for a residential property provided that the sellers represented and warranted that to the best of their knowledge and belief, the property had not been used for the growth or manufacture of illegal substances. Before closing, the purchaser discovered that the property had housed a marijuana grow operation… Continue reading Beatty v. Wei 2017 ONSC 3478
It was held by the Court of Appeal that a clause in the franchise agreement required the franchisee to provide the franchisor with a general release of any claims against the franchisor as a condition precedent to the franchisor consenting to the assignment of the franchise agreement was void and unenforceable under s. 11 of… Continue reading 2176693 Ontario Ltd. et al. v. The Cora Franchise Group Inc., 2014 ONSC 600
Two separate actions were commenced for damages for breach of contract and unjust enrichment arising out of tax consulting services allegedly performed by A for the defendant. The first action was commenced by 131, a company of which A was a principal and shareholder, as the sole plaintiff. The second action was commenced by A… Continue reading 1318847 Ontario Ltd. v. Laval Tool & Mould Ltd. 2017 ONCA 184
In 1931, I. conveyed land containing a gravel pit to B. and M., who purchased the land solely to obtain the gravel. At the same time, the parties entered into an agreement giving I. the “first option to purchase” the land for $1.00 once the gravel had been removed. However, the agreement gave B. and… Continue reading 2123201 Ontario Inc. v. Israel Estate, 2016 ONCA 409
The defendant leased land to the plaintiff for the construction and operation of a driving range. When the plaintiff fell into arrears of rent, the defendant terminated the lease, but refused to permit the plaintiff to remove a driving range deck, a deck canopy, a ball shack, driving range barrier net poles, and driving range… Continue reading 2105582 Ontario Ltd. v. 375445 Ontario Ltd., 2017 ONCA 980
The parties entered into an agreement of purchase and sale for a commercial condominium. The agreement provided that if the purchase defaulted, the deposit funds were forfeited to the vendor as liquidated damages. The precise closing date was left to the vendor to set. The purchaser paid deposits totaling $40,000, and a further $31,999.50 on… Continue reading 2336574 Ontario Inc. v. 1559586 Ontario Inc., 2016 ONSC 2467
Contribution & Indemnity Contribution rights of a party only arises where the party could be required to pay more than its proportionate share of a plaintiff’s damages. The Court of Appeal’s decision in Taylor v. Canada (2009), 95 O.R. (3d) 561, (2009) O.J. No. 2490 (C.A.) makes it clear that contribution rights only… Continue reading Allianz Global Risks US Insurance Co. V. Nalco Chemical Co. (2014) ONSC 4302
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