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Court of Appeal Tag

Kelly + Singh Lawyers LLP > Posts tagged "Court of Appeal"

Selling A Home That Used To Be A Cannabis Grow-Op

Cannabis grow-op

The proliferation in recent years of residential homes being used as a cannabis grow-op has created confusion and uncertainty for buyers, sellers and real estate agents as to how far the obligations of a seller extend regarding information about a home’s history. In the recent Court of Appeal Decision of Beatty v. Wei, 2018 ONCA 479, the Court offered clarity in response to the question: What is the effect of an illegal substances clause in a standard form Ontario Real Estate Association/Toronto Real Estate Board Agreement of Purchase and Sale (“APS”)? The “Illegal Substance Clause” is a commonly included clause in such...

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Kelly + Singh Win Precedent Court of Appeal Ruling Affirming Parties Obligations in Summary Judgment Proceedings

appellate advocacy

Many people believe that if they have a legal case, they are entitled to their “day in court” with a full trial and a chance to tell their story in front of a judge and/or a jury.  They may find out however that their case will be decided based on documents, and lawyers making arguments on a “summary judgment motion”.  The Supreme Court of Canada recently decided that to save time and expense, this process should be used more, and as lawyers we’re seeing more and more cases being dealt with in this way.  If a case or issue really...

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