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Tag: Disclosure

REAL ESTATE LAW UPDATE: Is a Condominium Corporation Obligated to Buy the Superintendant’s Unit?

Coincidentally, the day I read the Ontario Court of Appeal’s decision in Lexington on the Green Inc. v. Toronto Standard Condominium Corporation No. 1930, (2010 ONCA 751)[Hereinafter  “Lexington”) was the same day that I reviewed a client’s status certificate from the same Condominium  Corporation so it was extra interesting to review this case.Under the Ontario Condominium Act, 1998 S.O. 1998 (Hereinafter the “Act”), within ten days of the condominium  Developer registering the condominium declaration and description, the Developer (also known as the Declarant) has to appoint an interim board of directors (the “Board”) to manage the newly created condominium corporation (Section 42(1) of the Act), until such time that the Declarant no longer owns a majority of the condominium units.  Once the Declarant ceases to own a majority of the units, within 21 days the appointed Board must call a first meeting of the unit owners to elect a new board (section 43(1)).  The Court in Lexington considered Section 112 of the Act, which permits for a newly appointed board of directors to terminate agreements (such as property management and other service agreements) which the appointed interim board has entered into.  The purpose is to discourage and prevent any “sweetheart deals” impropriety between the Developers’s appointed Board and condominium goods and service providers who could very well be subsidiaries of the Developer.

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PRELIMINARY INQUIRIES IN A CRIMINAL CHARGE CAN MAKE OR BREAK YOUR ACQUITTAL

Procedural rules for preliminary inquiries are given in Part 18 of the Criminal Code (Code). In order to protect an accused from being subjected to a public trial improperly or unnecessarily, a preliminary inquiry (or hearing) is held to ensure that the Crown has sufficient evidence to warrant a trial.  Primarily and most importantly, a charge-screening device, the preliminary inquiries serve a host of other

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THE REQUIREMENT FOR THE ACCUSED TO FIGHT FOR FULL DISCLOSURE

A time is reached in the course of disclosure when the onus is on the accused to settle the “likely relevance” of information withheld by the Crown in their disclosure obligation. Established in R. v. O’Connor, the threshold of likely relevance is that the trial judge must be satisfied that “there is a reasonable possibility that the information is logically probative to an issue at trial or the competence of a witness to testify”.

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DISCLOSURE VS. PRIVILEGED INFORMATION IN CRIMINAL INVESTIGATIONS

The Crown counsel (prosecutor) has limited discretion to withhold disclosure where disclosure would reveal information protected by privilege.  Such exceptions are solicitor-client privilege, police informer privilege, and the privilege to maintain the confidentiality of investigative techniques. The investigative techniques consists of any Crown work product.  Standard Crown work product, generally,

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OBTAINING DISCLOSURE WHEN CHARGED WITH A CRIMINAL OFFENCE

A constitutional right to disclosure is part of one’s right to provide a full answer and defence, guaranteed by section 7 of the Canadian Charter of Rights and Freedoms (the Charter), when charged with an offence. Likewise, the Crown’s duty to disclose all relevant evidence to the defence is recognized at common law as a component of the accused’s right to a fair trial. This obligation to fulfill that guarantee under

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