Donald Lapowich, Q.C. is a partner at the law firm of Koskie, Minsky in Toronto, where he practices civil litigation, with a particular emphasis on real estate litigation and mediation, acting for builders, real estate agents and lawyers.
The American court found that the insurance company's duty to defend the corporation did not include an obligation to proceed with a counterclaim. It would be up to the corporation to bring its own claim.
The court determined that the defendants were simply trying after the settlement to obtain more land. One has to wonder, when defendants try to avoid a settlement, whether they will turn on their lawyers.
Before the transaction closed the vendors signed the Seller Property Information Statement. It stated that the property was not subject to flooding. The vendors did not tell the purchasers of a pre-closing basement flood.
In this case, the neighbour objected to a vehicle going over the easement and the court was asked to rule on whether the land easement could allow only foot traffic. Also: Landlord-tenant issues, and liability to an employer's insurance company.
In this digest of legal briefs, some case examples of the hazards of unprofessional conduct; a chartered accountant found to have been sending threatening emails, and a funeral director signing false embalming reports.
A brokerage entered a Listing Agreement for the sale of a property. During the time of the listing, the brokerage, through its agent, introduced the eventual purchaser but no Agreement of Purchase and Sale was forthcoming.
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