This question is, generally, easy to answer: however, complications arise when warring parties are located in different geographical areas, and more particularly, different provinces. If a claim is filed in a jurisdiction that a party thinks is improper, that party can challenge the jurisdiction and try to have the action stayed or dismissed [...]

Sometimes, you don’t know who to sue. But a decision must be made quickly because the bright red line of a limitation period is never too far away. Thankfully, the law allows for correction of (certain) mistakes; more specifically, mistakes in name. This saving grace is described as the “doctrine of misnomer” [...]

As a general rule, a mortgagee must obtain a Writ of Possession prior to taking possession of a residential property upon default of a mortgagor. In limited and exceptional circumstances, a mortgagee may take possession without obtaining a Court-issued Writ of Possession. The rising interest rates (among other things) have [...]

Condominium living boasts many benefits, including, among other things, a wide array of physical amenities, provision of various services (i.e. security, concierge etc.) and having ownership of a financially growing and profitable real estate asset. However, condominium living also carries a degree of responsibility on the unit [...]

Is an insurer entitled to commence a subrogated claim in the name of its bankrupt insured? Short answer — no. Art Douglas (“Art”) and Wendy Douglas (“Wendy”, together with Art, the “Douglases”) owned a home in Kingston, Ontario (“Property”). They used an external oil tank to heat their home (“Oil Tank”). On January 9, 2008 [...]