ArticleFraudulent Conveyance, Void As Against CreditorsSole director allowed redemption of his preference shares in closely-held private corporation at nominal amount and then became bankrupt. CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP
ArticleSpeigel Nichols Fox LLP Interviewed On BNN About New Legal ModelSpeigel Nichols Fox LLP Disrupts the Traditional Legal Model: Alternative Fee Arrangements and a Customized Legal Experience.CanadaLaw Practice ManagementSpeigel Nichols Fox LLP
ArticleDisrupting The Traditional Legal Mode: Flat FeesAllison Speigel, Lawyer, Speigel Nichols Fox joins BNN for a look at her firm's alternative pricing style.CanadaLaw Practice ManagementSpeigel Nichols Fox LLP
ArticlePierringer v. Mary Carter AgreementsIn this case, the parties entered into a Mary Carter Agreement. CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP
ArticlePersonal LiabilityOwner claimed he did not understand he was dealing with a corporation. CanadaReal Estate and ConstructionSpeigel Nichols Fox LLP
ArticleFraudulent Conveyance, PreferenceThe debtor engaged in extensive shenanigans and transfers. He claimed a trust in favour of a corporation when the corporation was not incorporated until many years after the date the trust allegedly arose. CanadaCorporate/Commercial LawSpeigel Nichols Fox LLP
Article178(1)(d) Of BIA And Breach Of TrustParalegal held liable because she allowed a mortgage transaction to be completed after the proposed mortgagor had sold the property to a numbered company. CanadaInsolvency/Bankruptcy/Re-StructuringSpeigel Nichols Fox LLP
ArticleLimitations Periods And InvoicesParalegal’s invoice stated that payment was to be remitted 30 days from the date of the invoice. CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP
ArticleRule 2.1.02 Dismissal – Frivolous, Vexatious, Or Abuse Of ProcessRule 2.1.02 allows the court to dismiss an action on grounds that the action is frivolous, vexatious, or an abuse of process. CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP
ArticleWill A Court Order A Declaration That A Judgment Will Survive Bankruptcy?In a trust claim, it has become commonplace to seek a request for a declaration that, if there is judgment for breach of trust, the judgment will survive the subsequent bankruptcy of the judgment debtor. CanadaInsolvency/Bankruptcy/Re-StructuringSpeigel Nichols Fox LLP
ArticleExpertsRule 53.03 applies to situations in which experts are being retained by a party for purposes of the litigation. CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP
ArticleEarly Bird Gets Paid In Priority!A creditor commences an action against a debtor and obtains a judgment after a trial. The debtor then appeals and loses.CanadaInsolvency/Bankruptcy/Re-StructuringSpeigel Nichols Fox LLP
ArticleLiar, LiarJudges accept or reject a witness’s testimony by asking themselves 2 questions. CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP
ArticleConstructive Dismissal And The Reasonable EmployeeEmployer began negotiating a buyout of the employee's contract. Before any deal was made, the employee went on sick leave.CanadaEmployment and HRSpeigel Nichols Fox LLP
ArticleA Difficult Defence, Non Est FactumEvery so often, a debtor is faced with the inevitable, but holds on to any defence available, no matter how untenable it might be. CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP
ArticleThe Danger Of Interpreting A Contract In A VacuumYour client tells you his story of a dispute with his business partner, gives you a 40-page agreement, refers you to three lines in, say, paragraph 42(1)(ii) of it.CanadaCorporate/Commercial LawSpeigel Nichols Fox LLP
ArticleUsing The CLA s. 39 Right To Obtain InformationThe Construction Lien Act is a technical statute; it gives rights to persons who have provided goods or services to an improvement, rights that would not have existed without the Act. CanadaReal Estate and ConstructionSpeigel Nichols Fox LLP
ArticleDoes A Bank Owe A Duty Of Care To A Non-customer?These issues were discussed in Grossman v. Toronto-Dominion Bank, a 2014 Ontario Superior Court of Justice decision.CanadaFinance and BankingSpeigel Nichols Fox LLP
ArticlePersonal Liability And Construction LadderWithin a few months, the general started to receive complaints from subsubs that the sub had not been paying them. CanadaReal Estate and ConstructionSpeigel Nichols Fox LLP
ArticleDuty Of LoyaltyThe larger a law firm gets, the more important conflict searches become. The benefit of these searches became apparent to a law firm in Stewart v. Hosack 2014 ONSC 5693 (S.C.J.).CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP