Articles and Cases

In this case, Paul Gemmink had previously been successful on a motion for partial summary judgment in a failed real estate transaction. The judge hear the motion at that time had ruled that the purchaser had no proper defences and therefore allowed...

Ontario Court of Appeal decision – limit of lien rights under the Repair and Storage Liens Act

This matter concerned the limits of lien rights under the Repair and Storage Liens Act. The appellant had made a credit purchase of summer tires and rims for his vehicle. Advantagewon was the company that provided the credit. It had prepared...

Ontario Court of Appeal orders new trial when judge made decision based on an issue not raised by the opposing party

In this appeal, the Ontario Court of Appeal agreed with Paul Gemmink’s argument that the judge who had heard the trial had been wrong in dismissing the plaintiff’s action. The trial judge had raised an entirely new issue after all the...

Articles and Cases

Amendment to statement of defence refused

Ontario Court of Appeal decision – limit of lien rights under the Repair and Storage Liens Act

Ontario Court of Appeal orders new trial when judge made decision based on an issue not raised by the opposing party

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