by Mackesy Smye | Apr 29, 2013 | Publications
Possessory Title The recent case of Clark v. Kwasney decided by Mr. Justice Reid here in Hamilton further emphasizes the difficulty of establishing “squatters’ rights”. Counsel (Bordin) was unable to convince their clients to settle and therefore the matter proceeded...
by Mackesy Smye | Apr 29, 2013 | Publications
Powers of Attorney A Power of Attorney for Property may save substantial time and money in the event of incapacity or an extended time away from home and is relatively inexpensive. The word Attorney in this context does not mean lawyer. A Power of Attorney for...
by Mackesy Smye | Apr 29, 2013 | Publications
Punitive Damages in Motor Vehicle Litigation In McIntyre v. Grigg et al (2006) 83 O.R. (3d), 161, the Court of Appeal, for the first time, considered the issue of whether punitive damages were available in the context of a motor vehicle accident claim. I had the...
by Mackesy Smye | Apr 29, 2013 | Publications
Road Design and Maintenance Actions In tort law, there are few areas that are subject to as much judicial and legislative attention as liability of public authorities for the design and maintenance of roadways. This is a field of law that is very much driven by...
by Mackesy Smye | Apr 29, 2013 | Publications
Significant Auto Insurance Savings Imagine yourself standing at the bakery counter of your local grocery store. There is a sign that reads bread is 15% off. You ask for a loaf but notice that the baker has cut it in half. Fifteen percent off but for half a loaf. You...
by Mackesy Smye | Apr 29, 2013 | Publications
Allowable Investments The investments a trustee can make are governed by sections 27-31 of the Trustee Act. The general rule pertaining to a Trustee’s power of investment is that a trust instrument can define the Trustee’s powers of investment. Trustees are bound by...
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