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 14, 2013 | Publications
Playgrounds and Structures According to the Canadian Institute for Health Information, across Ontario in 2002-2003 there were 8,698 Emergency Room visits due to playground related injuries. Of those injuries, 590 resulted in a hospital stay of at least one night. The...
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