A sales technique dubbed “shadow flipping” was recently exposed by the Globe and Mail in British Columbia. Shadow flipping can be done by anyone, but its exploitation by realtors specifically is creating uproar in the real estate industry. Essentially, shadow flipping creates a mechanism whereby realtors are able to collect…
A cohabitation agreement/marriage contract is a contract setting out what would happen in the event a common law or marriage relationship ends. These agreements can be drafted narrowly in scope (dealing with specific property or assets) or more broadly. It is important that they be tailored to the unique needs…
Ontario Society for the Prevention of Cruelty to Animals v. The Sovereign General Insurance Company, 2015 ONCA 702 – This is an appeal from the Order of C.J. Brown J. of the Ontario Superior Court of Justice granting a declaration that the insurer had a duty to defend the three…
Congratulations to the Canadian Adult Recreational Hockey Association (CARHA) on the success of the 2016 Hockey World Cup which wrapped up in Windsor on April 10th. The week long tournament featured 120 teams from 15 countries. Kelly Santini LLP advised CARHA on the tournament bid & selection process, facility contracts…
There is a considerable amount of case law interpreting both the Divorce Act and the Family Law Act in respect of the eligibility for child support for adult children who are enrolled in post-secondary studies and the appropriate approach to calculating child support in those circumstances. The Family Law Act…
Todhunter v. Owles, 2015 ONSC 5656 – This is a motion by municipal third parties for leave to appeal the motion judge’s decision to amend the statement of claim adding the municipalities as defendants after the limitation period expired. Leave to appeal was denied. The action arose after the plaintiff…
The Dominion of Canada General Insurance Company v Aviva Canada Inc. et al., 2015 ONSC 6195 – This is an appeal to the Ontario Superior Court of Justice following a loss transfer arbitration. The matter arises out of a motor vehicle accident that occurred when a vehicle was struck by…
Nikolakakos v Hoque et al. 2015 ONSC 4738 – This is a motion brought by the Defendants in a personal injury action for an Order compelling the Plaintiff to attend a defence medical examination with an orthopedic surgeon. The Plaintiff agreed to attend on the condition that the Defendants’ counsel…