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There is much to learn about your real estate business after watching this year's Budweiser Commercial for the Super Bowl.
If you didn’t know, Hockey in Canada is our way of life. The sport no doubt has embraced the hearts of millions. Budweiser not only created probably one of the best Super Bowl commercialsin history, they connected on a level with its audience companies strive to do but don't.
Whatever it is you do in your business it is imperative to stand out above the crowd. Be unique. Be You. All the while, finding that little golden nugget that will allow you to make a connection and add value to your clients and prospective clients. Take a look at the man sitting on the ice at the end of the commercial. It is in this moment I got a lump and Budweiser sealed my connection. It was also the first time in my life I have ever saw a commercial make a room full of men silent as they watched the TV with tears in their eyes.
...PRICELESS!
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Dog Owner’s Liability
By Brian Madigan LL.B.
A young child of 12 was seriously mauled by several dogs being kept by her grandmother.
A lawsuit also included the Township on the basis that the municipality owed a duty of care to protect the child.
The grandmother kept 9 large and aggressive dogs. Neighbours complained and she was requested to comply with the by-law.
The Court awarded Judgment against the grandmother for negligence, but dismissed the case against the municipality on the grounds that there was no duty of care and that the infant plaintiff would not reasonably be relying upon the municipality to protect her interest.
The overall damages were reduced by 25% on account of the contributory negligence of the child. In this case, the child was 12, and having reached the age of reason (approximately 6) could be assessed partial responsibility.
(Kent (Litigation Guardian of) v. Laverdiere Sep. 16, 2011, Ont. S.C.J.)
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through RE/MAX West Realty Inc., Brokerage 416-745-2300.
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Agent Successful in Suit for Commission
By Brian Madigan LL.B.
The seller agreed to list the property for sale. But, he also wanted to buy another property. Naturally, both transactions were separate and distinct.
When he didn’t find anything he wanted he changed his mind about selling. So, he made every attempt to thwart the proposed sale.
On the final day of the listing, the agent brought in a full price Offer. The seller refused to accept it.
The agent sued for commission. The seller argued that the commission was payable only if there was a successful closing.
The trial Judge considered the circumstances and concluded that there was no such condition.
Judgment was awarded in favour of the agent for the commission.
{see: T.L. Willaert Realty Ltd. v. Fody Oct. 4, 2011, Ont. S.C.J. (Sm.Cl.Ct.)}
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through RE/MAX West Realty Inc., Brokerage 416-745-2300.
www.OntarioRealEstateSource.com
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Small Claims and the $25,000 limit
By Brian Madigan LL.B.
The jurisdiction of the “small claims” court in Ontario has increased significantly in the last few years. On 1 January 2010 it rose to $25,000 from $10,000. Before that it had been $1,000, $800, $400 and $200.
When it was $400 and less, it was still called Division Court.
The stakes were not high and lawyers really didn’t get in the way. It had proven to be an educational training experience for young lawyers. But, the monetary limit increased.
This is a serious matter now. There can be a $25,000 claim and a $25,000 counterclaim. So, over $50,000 can swing in the balance of a decision.
That means more experienced counsel and often more delays. There’s still no pre-trial discovery under oath. Discovery is limited simply to documents.
It’s almost time for the Courts to review this “experiment” in order to assess its merits.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through RE/MAX West Realty Inc., Brokerage 416-745-2300.
www.OntarioRealEstateSource.com
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By Brian Madigan LL.B.
It may be unfair, but the wife lost out completely.
A husband and wife filed for divorce. The wife was entitled to an equalization payment. The assets were to be valued and an accounting was to be taken. However, before that took place the husband made an assignment in bankruptcy.
The wife was not listed as a creditor and did not receive any notice.
The husband was then discharged in bankruptcy. The effect was to eliminate the wife’s claim. The claim was one which was provable in the bankruptcy proceedings, and was therefore discharged.
This case took place in Manitoba and was decided by its Court of Appeal. A further appeal was made to the Supreme Court of Canada which denied the wife's claim. T
The effect of this case is the same in Ontario: no special status for spouses.
The equalization payment does not become a proprietary interest until it is due to be paid. Until then, it is just a debt like any other debt. It got swept up and discharged in the bankruptcy proceedings. There was no special status for spouses. Their claims were treated simply as any other claims by other creditors.
So, while on the one hand, one might think that a spouse would have special status, there is no such provision in the Bankruptcy Act.
Spouses BEWARE!
See: Schreyer v. Schreyer (July 14, 2011, Supreme Court of Canada)
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through RE/MAX West Realty Inc., Brokerage 416-745-2300
www.OntarioRealEstateSource.com
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