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“I said ¾ of an inch. Look – it’s right there in the contract”

D’Urzo Demolition Inc. v. Damaris Developments Inc., 2012 ONSC 1912 (CanLII), released by the Ontario Superior Court of Justice on March 26, 2012, serves as a good reminder to owners and contractors of...

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The Unhelpful Expert

The opinion evidence of experts is not always admissible at the hearing of a motion or a trial. The Ontario Divisional Court recently handed down its Decision in Mastermeter Products Canada Inc. v....

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An “Interest”ing Decision – A contractual interest claim gone wrong

What an awful Blog post title. My apologies. The Decision of Madame Justice Pierce in 1188710 Ontario Ltd. v. Gartner, 2012 ONSC 6110 (CanLII) is a good reminder of how judges trying to do perceived...

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Can an owner rely upon read-in evidence from transcripts of subcontractors’...

There are two ways to introduce evidence given by a witness examined for discovery at trial: The party who carried out the examination can use the prior evidence to impeach the witness’ evidence at...

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Potentially helpful new tools in creating and presenting evidence in delay...

The Daily Commercial News published a short article today, written by Peter Kenter, about services and technology being offered by Systech International (with an office in Mississauga, Ontario) for the...

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Leaky Condos – Lessons from British Columbia – A Few Things Every Property...

As promised in my January 25, 2014 post – the following is an article I wrote that was originally published in the Association of Condominium Managers of Ontario’s (ACMO) CM Magazine in 2009: I’m a...

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