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2018 ONCA 696; affirming Fairfield Sentry Limited et al v. PwC et al (2017), 2017 ONSC 3447; Bankruptcy and insolvency — Proving claim — Provable debts — General principles

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This excerpt from the updated Wills title examines Canadian law with regards to rectifying and curing deficiencies in wills

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A journeyman is someone who is fully qualified and can perform the full scope of work in the trade or quasi-trade right up to the most complex

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The testatrix provided in will that if any of her children, or combination of them, wished to purchase farm property, they could do so at 75 per cent of appraised market value provided they entered into agreement of purchase and sale with her trustee within one year of date of her death. The testatrix's intention in the face of competing offers from the children could not be ascertained.

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Mortgagor retained contractor to build student residence on property — Mortgagee provided mortgage financing to mortgagor in amount of $11,700,000 — When four claims for lien were registered against property, mortgagee delivered notice of default under mortgage — Mortgagee appointed receiver-manager over construction project and property with power to sell property — Receiver sold property for amount of $14,390,000 — Liens were paid and mortgage discharged as part of conveyance of property — Amount of $351,000 was assessed and withheld by mortgagee as additional three-month interest charge that was supplementary to mortgage interest calculated to date of closing — Mortgagor's application for determination that mortgagee was not entitled to additional three-month interest charge was granted — Trial judge found three-month interest provision in mortgage was activated when mortgagor sought to require mortgagee to accept payment of amounts owed under mortgage in exchange for discharge of mortgage obligation — Trial judge found it was mischaracterization of role of receiver privately appointed by mortgagee to state that steps taken by receiver to realize maximum recovery of property for benefit of mortgagee were actually taken by receiver on behalf of mortgagor for purpose of requesting pay-out of mortgage — Trial judge found there was no entitlement on part of mortgagee to three-month interest charge — Mortgagee appealed on issue of interest — Appeal dismissed — Language of interest provision indicated that it was only when chargor sought to require chargee to accept payment of principal amount that chargor agreed either to pay three months' interest or give three months' notice — Trial judge did not misunderstand jurisprudence regarding agency — Sale agreement with third party purchaser required conveyance of title to purchaser free and clear of all encumbrances, including mortgage, and receiver was required to discharge mortgage to close sale.

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Motion judge found termination clause unenforceable, Court of Appeal found that motion judge should have interpreted whole clause, rather than each sentence Amberber v.

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Taxpayer corporation was incorporated by three lawyers, father and two daughters — Almost decade later, Minister assessed taxpayer for over $2 million and assessment was premised on assumption that father had transferred property worth more than $3 million to taxpayer for little or not consideration — Taxpayer appealed — Appeal allowed — It was found that father was either employed by taxpayer for no salary or worked for taxpayer as volunteer — Father provided services to taxpayer's clients on behalf of taxpayer and fact that he chose to do so for no consideration did not change nature of his relationship with taxpayer — Nothing employee provided to firm could be described as property, because employee provides services, not property — If father and taxpayer had agreed that father would be paid and had father later waived that right, father could have been said to have transferred property, for example, salary receivable, to taxpayer — As it was found that father did not transfer property to taxpayer by working for no consideration, appeal was allowed and assessment was vacated.

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Active employment means someone who attends at work, works and is paid in clear distinction to someone who, while undoubtedly an employee, is not an active one

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This excerpt from the updated Charities title examines Canadian law with regards to other charitable purposes beneficial to the community

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Quinn Estate (2018), 2018 CarswellBC 543, 2018 BCSC 365 (B.C.S.C.)

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legal wit undertaking motions are tedious

If there is a more tedious experience than an undertakings motion, it likely would be two undertakings motions.

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