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16:40, 21 November 2024 MKent talk contribs created page Rollover Compensation (N12 and N13) (Created page with "{{Citation: | categories = | shortlink = }} ==Barry v Vindis, 2024 ONLTB 72896<ref name="Vindis"/>== 8. The Landlord has the onus of establishing all the facts necessary for the Board to make an order pursuant to section 69 of the Act. This includes establishing that the Landlord has compensated the Tenant as required by section 48.1 of the Act. Based on the submissions of the parties, however, I am not satisfied that the Landlord has met their obligation to...")
23:24, 13 November 2024 MKent talk contribs created page Paralegal-Client Privilege (Created page with "Category: Legal Principles ==Chancey v. Dharmadi, 2007 CanLII 28332 (ON SC)<ref name="Chancey"/>== [33] Therefore, to answer the questions posed earlier as to what is a paralegal, the answer in my view is a paralegal licensed by the Law Society to provide legal services. That would satisfy the criterion of an identifiable group. It would not include "John Doe, Paralegal" who hangs up a shingle but has not qualified for licensing, nor would it include a perso...")
20:14, 22 October 2024 MKent talk contribs created page DSM - Diagnostic Tools (Autism) (Created page with "Category:Human Rights")
21:38, 20 October 2024 MKent talk contribs created page Bad Faith - s. 202 (Tenant) (Created page with "Category:Personal Use Application (LTB) ==Residential Tenancies Act, 2006, S.O. 2006, c. 17<ref name="RTA"/>== Findings of Board 202 (1) In making findings on an application, the Board shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so, :(a) may disregard the outward form of a transaction or the separate corporate existence of...")
21:02, 19 September 2024 MKent talk contribs created page Piercing the Corporate Veil (LTB) (Created page with "{{Citation: | categories = Piercing the Corporate Veil (LTB) | shortlink = }} ==Residential Tenancies Act, 2006, S.O. 2006, c. 17<ref name="RTA"/>== Findings of Board 202 (1) In making findings on an application, the Board shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so, :(a) may disregard the outward form of a transact...")
17:08, 19 September 2024 MKent talk contribs moved page Foreseeabe Event (Bad Faith) to Foreseeable Event (Bad Faith)
19:00, 28 August 2024 MKent talk contribs created page Category:Social Assistance (Created page with "Category:Caselaw Summaries")
18:51, 28 August 2024 MKent talk contribs deleted page Caterogy:Medical Malpractice (content was: "Category:Caselaw Summaries", and the only contributor was "MKent" (talk))
18:51, 28 August 2024 MKent talk contribs created page Caterogy:Medical Malpractice (Created page with "Category:Caselaw Summaries")
18:42, 28 August 2024 MKent talk contribs created page Medical Malpractice (Created page with "== [196] Counsel relies on the decision in Cooper v. Valakis, [2012] O.J. No. 361, a decision of the Supreme Court of Canada. He submits that, at paragraph 91, the Court set out the standard of care in medical malpractice cases. A physician must exercise the degree of skill expected of a normal prudent practitioner of the same experience and skill. If he is a specialist, a higher degree of skill is required. <ref name=" == [10] There is no disput...")
18:49, 26 August 2024 MKent talk contribs created page By-Law (N13 Evictions) (Created page with "Category:Renovations, Demolition, and Conversions (RTA) {{Citation: | categories = | shortlink = }} ==Morrish v Collins, 2024 ONLTB 53690 (CanLII)<ref name="Morrish"/>== 23. I note also that the City of Toronto has recently passed a “Renoviction Bylaw” that adds additional requirements on Landlords. There were no affidavits, or testimony that the renovations to add a staircase did not fall under the umbrella of this Bylaw. I could not...")
17:54, 5 August 2024 MKent talk contribs created page Gym Membership (Consumer Protection) (Created page with "==Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A<ref name="ConsumerProtection"/>== Application 29 (1) Sections 30 to 36 apply in respect of personal development services or proposed personal development services for which, :(a) payment in advance is required; and :(b) the consumer’s total potential payment obligation, excluding cost of borrowing, exceeds a prescribed amount. 2002, c. 30, Sched. A, s. 29 (1). Exceptions (2) Secti...")
18:23, 2 August 2024 MKent talk contribs created page Vehicle Sale (Previous Accident) (Created page with "Category:Automotive ==Motor Vehicle Dealers Act, 2002, SO 2002, c 30, Sch B<ref name="MVDA"/>== Disclosure by motor vehicle dealers 30 (1) Motor vehicle dealers shall disclose in writing to customers and to motor vehicle dealers such information as may be prescribed and shall make the disclosure at such time as may be prescribed. 2002, c. 30, Sched. B, s. 30 (1). Remedies (2) If a motor vehicle dealer fails to make a disclosur...")
16:52, 24 July 2024 MKent talk contribs created page Vehicle Sale (Lemon) (Created page with "==Louison Automotive Inc. v. Richards, 2023 ONSC 1331 (CanLII)<ref name="Luison"/>== [14] Louison offered no evidence to support his representation that the car was in a good state of repair other than to note that the car, despite its designation as a “lemon” several years earlier, had subsequently been sold to others and driven over 150,000 kms. He gave no evidence about why the car had been declared a “lemon” in 2013 or what repairs had been...")
02:30, 31 May 2024 MKent talk contribs created page Section 202 (Created page with "Catergory:Category:Landlord & Tenant (Residential) ==Sterling Studio Lofts Incorporated v. Clayton Stel, 2019 ONSC 91 (CanLII)<ref name="Sterling"/>== [35] In accordance with s. 202, the terms of the agreement signed by the parties are not determinative with respect to the application of the RTA and, in our view, the LTB was entitled to find upon consideration of all the evidence that the true nature of the agreement was for use as a...")
02:09, 31 May 2024 MKent talk contribs created page Contract Interpretation (Created page with "Category:Contract Law {{Citation: | categories = Contract Law | shortlink = }} ==2629812 Ontario Ltd. v. Cameron, 2023 ONSC 4468 (CanLII)<ref name="2629812"/>== [57] The goal of contract interpretation is to determine the intent of the parties and the scope of their understanding at the time the contract was made. To do so, the contract must be read as a whole. Words are to be given their ordinary and grammatical meaning. The contract and the wo...")
18:19, 23 May 2024 MKent talk contribs created page Breach of Landlord's Obligations (Created page with "Category:Personal Use Application (LTB) Category:Landlord & Tenant (Residential) Category:Payment of Rent (LTB) Category:Interference of Reasonable Enjoyment (LTB) {{Citation: | categories = Personal Use Application (LTB), Landlord & Tenant (Residential), Payment of Rent (LTB), Interference of Reasonable Enjoyment (LTB) | shortlink = }} ==SWL-95963-16 (Re), 2017 CanLII 28669 (ON LTB)<ref name="SWL-95963-16"/>== Determinations: :T6/ Tenant...")
18:08, 23 May 2024 MKent talk contribs created page Bad Faith (Purchaser - Defend) (Created page with "Category:Personal Use Application (LTB) {{Citation: | categories = Bad Faith (Purchaser - Defend)] | shortlink = }} ==TST-00312-18 (Re), 2019 CanLII 87633 (ON LTB)<ref name="TST-00312-18"/>== 12. By the Tenant’s own evidence, the purchaser’s mother or mother-in-law occupies the rental unit and has been doing so since at least the end of October, 2018 or beginning of November, 2018. A parent of the purchaser or of the purchaser’s spouse are people referred...")
22:37, 16 April 2024 MKent talk contribs created page Grievances (Human Rights) (Created page with "Category:Human Rights ==Melville v. Toronto (City), 2012 HRTO 22 (CanLII)<ref name="Melville"/>== [11] The applicant argues that labour arbitration should be treated differently from other types of proceedings because the applicant is not formally a party and the union has the final decision about the manner in which the matter moves forward. However, the Tribunal may defer to various processes to which the applicant is not a formal party, includin...")
18:00, 7 April 2024 MKent talk contribs created page Multiple Deponents (Affidavit) (Created page with "Category:Evidence Law ==R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE<ref name="Civil"/>== Affidavits Format 4.06 (1) An affidavit used in a proceeding shall, :(a) be in Form 4D; :(b) be expressed in the first person; :(c) state the full name of the deponent and, if the deponent is a party or a lawyer, officer, director, member or employee of a party, shall state that fact; :(d) be divided into paragraphs, numbered consecutively, with e...")
17:30, 7 April 2024 MKent talk contribs moved page Format of Affividats (Civil) to Format of Affidavits (Civil)
14:30, 3 April 2024 MKent talk contribs created page Mortgage (Penalty) (Created page with "Category:Contract Law {{Citation: | categories = | shortlink = }} ==Mortgages Act, RSO 1990, c M.40<ref name="Mortgages"/>== Payment of principal upon default 17 (1) Despite any agreement to the contrary, where default has been made in the payment of any principal money secured by a mortgage of freehold or leasehold property, the mortgagor or person entitled to make such payment may at any time, upon payment of three months interest on the pri...")
00:24, 28 March 2024 MKent talk contribs created page Naming Purchaser (Bad Faith) (Created page with "Category:Personal Use Application (LTB) {{Citation: | categories = Personal Use Application (LTB) | shortlink = }} ==Elkins v. Van Wissen, 2023 ONCA 789 (CanLII)<ref name="Elkins">== [55] Section 49(1) empowers the landlord to give the tenant a termination notice “on behalf of the purchaser…if the purchaser in good faith requires possession” of the rental unit “for the purposes of residential occupation”. Accordingly, an unlawful eviction u...")
01:44, 13 March 2024 MKent talk contribs created page Hotel Room (Rental Unit - Defend) (Created page with "Category:Contract Law, Leases, & Sub-Letting (LTB) Category:Interference of Reasonable Enjoyment (LTB) Category:Payment of Rent (LTB) Category:Section 5 (RTA) Category:Section 202 (RTA) Category:Section 2 (RTA) {{Citation: | categories = [Contract Law, Leases, & Sub-Letting (LTB)], [Interference of Reasonable Enjoyment (LTB)], [Payment of Rent (LTB)], [Section 202 (RTA)], [Section 2 (RTA)] | shortlink = https://rvt.link/3l }} ==Re Canadian Pacif...")
18:19, 8 March 2024 MKent talk contribs created page Res Judicata (RTA - Defence) (Created page with "Category:Legal Principles {{Citation: | categories = [Legal Principles] | shortlink = }} ==CEL-75559-18-RV (Re), 2018 CanLII 88526 (ON LTB)<ref name="CEL-75559-18-RV"/>== 2. There is a serious error in order CEL-75559-18, issued on June 1, 2018. Although the Member’s determinations with respect to the issue of res judicata were reasonable, her decision that the circumstances did not warrant discretion against the application of res judicata was not reasonable a...")
22:05, 2 February 2024 MKent talk contribs created page Mistaken Date (Review) (Created page with "Category:Request to Review (LTB) ==King-Winton v. Doverhold Investments Ltd., 2008 CanLII 60708 (ON SCDC)<ref name="King-Winton"/>== [2] The fact is, for whatever reason, the tenant thought the date was September 28th. Perhaps that resulted from discussions held on August 24th at the Board before Member Borgon, some of which, perhaps not all, were transcribed. Clearly on August 24th, the issue was the date to which the hearing would be adjourned....")
17:45, 1 February 2024 MKent talk contribs created page Wrongful Conviction (Limitation Period) (Created page with "Catergory: Tort Law ==Beuthling v. Hayes et al, 2011 ONSC 1203 (CanLII)<ref name="Beuthling"/>== [47] In my view, this reasoning applies equally to a case where it is alleged that incompetence of counsel has resulted in a wrongful conviction. I see no meaningful distinction between the negligence of a police officer that gives rise to a wrongful conviction and the incompetence of a lawyer that gives rise to a wrongful conviction. The cause...")
17:32, 18 January 2024 MKent talk contribs created page Fail to Attend Settlement Conference (Plaintiff) (Created page with "Category:Small Claims Court Procedures ==Mortazavi v Monod, 2020 CanLII 20492 (ON SCSM)<ref name="Mortazavi"/>== 32. This is not a request to set aside an order made by a settlement conference judge in the absence of a party who inadvertently or with some semblance of a reasonable explanation failed to attend the conference. Those situations can be the subject of motions to set aside rather than appeal: Brighton Lee-Rich Enterprises v. Thompson,<...")
17:09, 4 January 2024 MKent talk contribs created page File:TNL-31874-21.pdf
17:09, 4 January 2024 MKent talk contribs uploaded File:TNL-31874-21.pdf
17:02, 4 January 2024 MKent talk contribs deleted page File:TNL-31874ORDERUNREDACT.pdf
16:49, 4 January 2024 MKent talk contribs created page File:TNL-31874ORDERUNREDACT.pdf
16:49, 4 January 2024 MKent talk contribs uploaded File:TNL-31874ORDERUNREDACT.pdf
18:24, 19 October 2023 MKent talk contribs created page Joint Tenancy (Rent Arrears) (Created page with " ==TSL-89175-17 (Re), 2018 CanLII 42888 (ON LTB)<ref name="TSL-89175"/>== 20. With respect to whether the N4 notice is defective as BJ is not mentioned as a respondent tenant in the within application, the real issue is whether BJ was in possession of the unit at the time the Landlord filed the within application on September 29, 2017. As already stated, the Landlord’s and BJ’s uncontradicted evidence was BJ vacated the unit in late July, 2017. AL,...")
20:17, 16 October 2023 MKent talk contribs moved page Talk:Deceleration/Affidavit Requirements (N12) to Talk:Declaration/Affidavit Requirements (N12)
20:17, 16 October 2023 MKent talk contribs moved page Deceleration/Affidavit Requirements (N12) to Declaration/Affidavit Requirements (N12)
19:17, 22 September 2023 MKent talk contribs created page Towing By-Laws (Created page with "{{Citation:|categories=Highway Traffic}} == ''Waterloo (Regional Municipality) v. Pahal,'' 2020 ONCJ 73 (CanLII)<ref>''Waterloo (Regional Municipality) v. Pahal,'' 2020 ONCJ 73 (CanLII), <https://canlii.ca/t/j55c6>, retrieved on 2023-09-22</ref> == [4] We have an Agreed Statement of Facts attached as Schedule 1, where Mr. Pahal agrees he operated a tow truck owned by Able Regional Towing and Recovery Ltd., positioned his tow truck on September 20...") Tag: Visual edit
21:53, 21 September 2023 MKent talk contribs created page Strict Liability, Absolute Liability, Mens Rea (Created page with "{{Citation:}} == ''R. v. Sault Ste. Marie,'' 1978 CanLII 11 (SCC), [1978] 2 SCR 1299<ref>''R. v. Sault Ste. Marie,'' 1978 CanLII 11 (SCC), [1978] 2 SCR 1299, <https://canlii.ca/t/1mkbt>, retrieved on 2023-09-21</ref> == Regarding ''mens rea'' the distinction between the true criminal offence and the public welfare offence is of prime importance. Where the offence is criminal ''mens rea'' must be established and mere negligence is excluded from the concept of the menta...") Tag: Visual edit
20:05, 20 September 2023 MKent talk contribs created page Foreseeabe Event (Bad Faith) (Created page with "{{Citation:|categories=|shortlink=}} == ''Kotsiaftis v. Ali et al,'' 2022 ONLTB HOT-12934-22<ref>thumb ''Kotsiaftis v. Ali et al'', 2022 ONLTB HOT-12934-22, , retrieved 2023-09-20</ref> == 12. Ms. Ali submits that he she broke up with her ex-fiancé in May 2021, after the Tenant vacated because of the notice of termination. I do not find this to be the case. 13. Ms. Ali’s own testimony was ex-fiancée had a history of aggressive behavi...") Tag: Visual edit
20:01, 20 September 2023 MKent talk contribs created page File:HOT-12934-22 T5 HR.pdf
20:01, 20 September 2023 MKent talk contribs uploaded File:HOT-12934-22 T5 HR.pdf
19:31, 11 September 2023 MKent talk contribs created page Template:Case law header (Created page with "{{Citation: | categories = | shortlink = }}")
02:03, 2 September 2023 MKent talk contribs created page Affidavit - Minors (N12) (Created page with "Category:Personal Use Application (LTB) ==Nagra v Brar, 2022 CanLII 127239 (ON LTB), <https://canlii.ca/t/jv046>, retrieved on 2023-09-01<ref name="Nagra"/>== 5....")
19:56, 11 August 2023 MKent talk contribs created page Conversion (Damages) (Created page with "==Valles v Advantagewon Inc, 2015 CanLII 29533 (ON SCSM)<ref name="Valles"/>== 72. The plaintiff is entitled to such damages as will place him the positio...")
15:58, 3 August 2023 MKent talk contribs created page File:Osgoode Hall Law Journal - Volume 10, Number 1 (August 1972).pdf
15:58, 3 August 2023 MKent talk contribs uploaded File:Osgoode Hall Law Journal - Volume 10, Number 1 (August 1972).pdf
15:56, 3 August 2023 MKent talk contribs created page Talk:Previously Admitted Evidence (SPPA) (Created page with "==Osgoode Hall Law Journal== ===Volume 10, Number 1 (August 1972)=== 2. Evidence Section 15 is one of the most notable features of the new Act. It recognizes that tribunals...")
21:03, 29 June 2023 MKent talk contribs created page False Information (Set Aside) (Created page with " ==Regan v Middaugh, 2021 CanLII 70501 (ON LTB)<ref name="Regan"/>== 19. Based on the evidence before me, I find that the Landl...")
16:21, 1 June 2023 MKent talk contribs created page File:LTB-L-033967-22 HR.pdf
16:21, 1 June 2023 MKent talk contribs uploaded File:LTB-L-033967-22 HR.pdf

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