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What is the Proper Measure of Damages to a Residential Property?

The Ontario Court of Appeal in Bowman v. Martineau,1 recently considered the age-old debate of how to measure damages to a residential property. In Bowman, the plaintiffs purchased a residential property in 2014 in Bracebridge, Ontario, for $180,000. The real estate agent and brokerage acted for both the vendors and the purchasers. Built in or around 1976, the property was a 1,200 square foot, five-bedroom, single-storey home. The property was said to be in visibly poor condition, had a mouldy smell, and was described by a contractor as a “tear-down”. After taking possession of

Published:

November 11, 2020
2020 11 10 news banner 01 Spotlight ON BC Counsel Talia Ciaran
Mcr-News

Spotlight on Ontario and BC Counsel: Ciarán McGrath and Talia Feder

We are pleased to have on our team of lawyers a partner and an associate licensed to practice law in Ontario and British Columbia. For questions […]

Published:

November 10, 2020
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Articles

The breach from the throne

MCR Associate Samantha Biglou discusses how faulty toilet supply lines are leading to six and seven figure claims against manufactures, installers and others There are generally […]

Published:

February 19, 2020
The Ultimate Limitation Period Talia Feder Toronto Litigation Law Firm
Articles

Changes to Ontario’s Simplified Procedure and Small Claims Court Actions

Effective January 1, 2020, there will be significant changes to how litigation is conducted for claims that fall under the Simplified Procedure under rule 76 of the Rules of Civil Procedure and the Small Claims Court matters. The amendments aim for faster and more affordable means for parties to resolve their disputes. Monetary Jurisdiction Most notably, the monetary jurisdiction for Simplified Procedure matters will be increasing from $100,000 to $200,000. The claim limit for Small Claims Court is increasing from $25,000 to $35,000, and the minimum amount that can be appealed from

Published:

November 1, 2019