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The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
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Contributor's Archive

Paul Emerson

Affleck Greene McMurtry LLP

Paul Emerson is a former associate of Affleck Greene McMurtry LLP

Lawyer forces TD Bank to release trust funds

A Toronto real estate lawyer was successful recently in forcing the Toronto-Dominion Bank to release funds held in his trust account after the bank wrongly purported to freeze his account to recoup its loss from a fraudulent cheque that had been drawn by another of the lawyer's clients and deposited into the trust account. [more] Full article

Court of Appeal at fault, 30 class actions become a total loss

Last summer, in David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co., the Ontario Court of Appeal overturned its own decision on a question of law it decided just a few years ago in McNaughton Automotive Ltd. v. Co-operators General Insurance Co. In so doing, the Court wrestled with whether and when it could, or should, overrule one of its past decisions. [more] Full article

Failure to identify changes in insured risks can render policies voidable

An insured must inform its insurer of any facts that affect its insurability or that an insurer would consider relevant in assessing risk. This duty to disclose such facts exists ... [more] Full article