The Castle Lawyers

07/13/2023

https://supremeadvocacy.ca/2023/07/12/real-estate-agreements-of-purchase-sale-annulment-clauses/
Gu v. Nothdurft, 2023 ONCA 480 (CanLII):
The Court of Appeal has clarified when Vendors can rely upon the “annulment clause” contained in the the Ontario Real Estate Association (“OREA”) standard form Agreement of Purchase and Sale. Great summary by Supreme Advocacy LLP.
Real estate lawyers and realtors take note.

How should this standard form contractual provision be interpreted an applied?

06/20/2023

https://familyllb.com/2023/05/30/can-a-homeowner-force-their-ex-to-move-out-after-the-breakup/

From our friends at Russell Alexander Collaborative Family Lawyers.

Can a Homeowner Force Their Common Law Ex to Move Out After the Breakup? The answer might surprise you.

It’s quite common these days to see romantic partners living together before (or instead of) marriage. But as compared to married couples – who can look to the Divorce Act and the Family Law Act as…

05/29/2023

https://www.technologyreview.com/2023/05/25/1073634/brain-implant-removed-against-her-will/

Her case highlights why we need to enshrine neuro rights in law.

02/23/2023

Misdirected faxes are the leading cause of unauthorized disclosure of personal health information in Ontario.

On February 2, 2023, Ontario’s Ministry of Health (the Ministry) released its new health care plan, entitled Your Health: A Plan for Connected and Convenient Care (the Plan). As part of the Plan, the Ministry intends to replace fax machines with digital communication alternatives at all Ontario he...

01/13/2023

The old snail in the ginger beer bottle case, Donoghue v. Stevenson: possibly the most discussed legal decision in the entire common law world, certainly amongst wide-eyed 1st year law students.

Sixty-six years before the infamous spilled McDonald’s coffee, May Donoghue drank a ginger beer with a dead mollusk in it and changed personal-injury law forever.

12/02/2022

https://www.lawtimesnews.com/practice-areas/real-estate/ontario-court-of-appeal-upholds-summary-judgment-in-sellers-favour-after-buyer-fails-to-close/371968?e=bHluQG9udGFyaW9sYXd5ZXIuY29t&tu=465037E8-7230-410C-9995-0C0FC8925397

Many contracts for new home purchases are now coming due for completion, but financing once available is now out of reach due to sharply higher interest rates. Defaulting buyers risk much more than the loss of their deposits.

Court accepted expert report's assessment, awarded difference between original and resale price

11/22/2022

https://www.canadianlawyermag.com/practice-areas/trusts-and-estates/man-had-capacity-to-sell-property-despite-dementia-diagnosis-manitoba-court-of-appeal/370740?e=bHluQG9udGFyaW9sYXd5ZXIuY29t&Estates-20221122=&tu=465037E8-7230-410C-9995-0C0FC8925397

Son unable to rebut presumption that father had mental capacity to sell

10/06/2022

Potential $100,000-dollar adjustment to price was material to finding of no agreement to sell Mississauga home.

Potential 100,000-dollar adjustment to price was material to finding of no agreement

09/27/2022

The DART spacecraft completed its 10-month journey to demonstrate a technique that could defend the planet from deadly space rocks in the future.

09/27/2022

Between 1966 and 1983, the "Capsule" program" involved locking groups of naked patients in an 8 x 10 ft. soundproof room that was constantly lit. The windowless room had an exposed toilet and no furniture. Patients ingested food and water from straws protruding from holes in the walls and were subjected to sleep deprivation.

Patients were confined in the Capsule for up to 11 days, during which time other patients monitored their interactions through closed-circuit television and a one-way mirror. Patients in the Capsule were frequently restrained or strapped to other patients and injected with drugs to lower their inhibitions. It was common to pair “opposites” together – more submissive patients with more domineering patients.

A lot has changed since those days. Thankfully.

Mixed results in trial, but overall result was in favour of plaintiffs: Ontario Court of Appeal

08/19/2022

Does a testator's mental disorder invalidate a will?

No palpable and overriding error in application judge's assessment of evidence: court