Entire Agreement Clause Not the Entire Answer

Buried at the back-end of many complex commercial contracts is an innocuous general provision called the Entire Agreement Clause. It’s like a weak mini-Release. It is usually incorporated into the deal as an afterthought – a mere cut-and-paste from the precedent.  In essence, the clause provides that all negotiations and representations are to be ignored…

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Charities Get-Together 2014

The Estates Group of the firm was pleased to host over 20 charities on November 27 at the RCYC. The event was the inaugural Mills and Mills Charities Get-Together. A case study was presented by 3 members of the Estates Group, commencing with the delivery of informal accounts and ending with resolution of formal accounts…

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Punitive Damages are Back in Town

As part of their claims in litigation parties may seek punitive damages for large amounts. In many cases, these damage claims represent a mere strategy of brinkmanship and are not seriously pursued. In the estates context on present practice in Ontario, it is rare that punitive damages are even sought. I also cannot recall in…

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Limitation Periods for Commercial Invoices

Some lawyers are celebrating the 10-year anniversary of the Ontario Limitations Act as the cases continue to pile up in the Ontario courts. Everyone knew back in 2004 that reducing the general limitation period for bringing civil litigation from 6 years to 2 years was going to cause complications. The policy decision was made by the legislature…

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More Mysteries Of Guarantees

When I first started practicing in the mid eighties, Ontario was entering a recession and there was little Continuing Legal Education. I remember one of the most popular programs at the time was called the “Mysteries of Guarantees”. Almost 30 years later, the mysteries continue, although there has certainly been a trend towards commercial certainty…

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Hearsay and Section 13 Evidence Act in Estate Litigation

Estate litigation can be won and lost in Ontario on the Court’s technical application of two important provisions of the law dealing with evidence – Section 13 of the Evidence Act and the common law of hearsay. The law provides that a claim on the deceased’s estate shall not succeed if the only evidence to support it…

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