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Unjust Enrichment

Unjust Enrichment

Posted by on Apr 30, 2016 in Blog | 0 comments

Improper appropriation of money, labour or material coupled with an absence of a juristic reason for the exchange echo through the ages of legal conflict. The legal conundrum of unjust enrichment can be better understood in situations where benefit exchanges in the absence of reciprocation.  For example;’ Auto insurance pays out the claim after a vehicle is written off following a traffic accident. Auto insurance company sends a cheque for the value of the vehicle to the policy holder, thus completing contractual obligations as per insurance contract. The policy holder had an outstanding car loan with a bank. The policy holder, instead of paying the outstanding loan, cashed the cheque and purchased a new car for cash, leaving the balance of the loan unpaid. Insurance company wishes to exercise its rights to salvage and attempts to secure the title, but finds out that the policy holder has not cleared the title of the car by paying out the loan. The insurance company issues another cheque to secure the title of the car. The insurer now has the right to recover the additional cost from the insured. Unjust enrichment often occurs in home renovations and construction projects. For example; A home owner and a general contractor made an agreement to construct a patio, with base terms being material cost covered by home owner and $50 per hour for building work. The home owner is impressed by the work of the contractor and asks him to build a gazebo as well. Unfortunately, the home owner does not discuss the details of the new contract with the contractor, and when the work is finished, the costs are substantially higher due to increased cost of specialized labour. The homeowner refuses to pay the increased cost, believing that he should only pay as per terms of the previous agreement. The amount that is worth (quantum meirut) When there is no established contract on the value of the work, this becomes necessary to establish at law. In general, the courts avoid creating a contract where there isn’t one but at the same time, the courts will establish the fair price for something. For example, if...

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Sub-par work by contractors, a glance at law

Sub-par work by contractors, a glance at law

Posted by on Apr 20, 2016 in Blog | 0 comments

A general contractor was hired to perform renovations. During the work, a defect in the work is discovered, a door that was designed as left opening was improperly installed as right opening. The contractor and homeowner agree that the issue is cosmetic and minor the homeowner approves continuation of the work without correction of the defect. Later, it is realized that the defect is more than cosmetic and is causing functional problems. The homeowner calls the contractor and requests correction of the defect. The contractor argues that the homeowner previously accepted the defect and thus the flaw is no longer the responsibility of the contractor. The homeowner hires another contractor to fix the defect. The homeowner sues the original contractor for the cost of hiring the subsequent contractor to correct the defect. General contractors and tradespersons are paid to build, assemble, install, fix or repair things and from time to time mistakes are made that are costly to correct if correctable at all, resulting in the need to recover loses, often through litigation. These types of cases are known as defective workmanship, subpar workmanship, below standard workmanships and are classified under contract and tort law. Issues in contract law allege a breach of an expressed or an implied term within the workmanship agreement, regardless of whether the agreement is verbal or in writing. When the agreement is in writing, it will typically set out that the work will be performed to a standard specific in the industry, however, if the contract is silent on the standards, there are standards within every industry that are practiced  by every person thoroughly familiar with the industry. When the industry standard is breached and results in losses, grounds for a negligence lawsuit under tort law are created. Breach of contract and negligence claims require a specialized legal approach as correctly framing the details of the breach and negligence scenario often results in the matter being settled out of court or pre-trial. Breach of industry standard versus defects Industry standard speaks for itself as no bonafide  tradesperson or contractor can argue against it, defects are different, they are highly subjective. What constitutes a defect varies...

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Enforcing an Eviction order from the Landlord Tenant Board

Enforcing an Eviction order from the Landlord Tenant Board

Posted by on Dec 10, 2015 in Blog | 0 comments

Enforcing an Eviction order from the Landlord Tenant Board After the Board grants an eviction, the eviction is not finalized until the possession of the rental unit is returned to the landlord. However, not all tenants willingly part with the rental unit, for those tenants who will not move out on their own by the ‘move out’ date indicated in the order, the Sheriff ensures the return of the rental unit to the landlord by any means necessary. Sheriff’s office; In Toronto, the Sheriff’s office is located at 393 University Avenue, 19th Floor. This is the place where originals of the eviction order are to be taken (no copies are accepted). Here’s the process: The eviction order will specify a day by which the tenant has to move out. Usually, this is either ten or fourteen days after the eviction hearing. If your tenant doesn’t move out by that day, you can file for eviction on the day after this date. For example, if the order says that the tenant must move out on or before April 15, you can file the eviction order with the sheriff on April 16. If April 16 is a weekend, you can file for eviction on the first business day after that day. When you file, fill out some paperwork describing what could be found in the rental unit, including children, pets, illicit substances, or weapons, so the Sheriff may determine the best way to proceed with the eviction. Pay the Sheriff’s fees. The fee varies depending on the rental unit location. In Toronto, it is generally in the neighbourhood of $330.00. The Sheriff will then schedule a time when you have to call the Sheriff’s office and find out when the actual eviction will take place. This will be in a week or two. Make sure you don’t miss that time, or the eviction could be delayed! The Sheriff’s office will notify the tenant once the eviction date is scheduled. On the day scheduled day of the eviction, you or your representative have to be at the rental unit when the Sheriff comes, together with someone who can change the locks. The Sheriff will: Knock on the door and ask the tenant to leave. If the...

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Application & Hearing Process At the Landlord Tenant Board

Application & Hearing Process At the Landlord Tenant Board

Posted by on Nov 16, 2015 in Blog | 0 comments

Created by the Residential Tenancies Act (RTA), the Landlord and Tenant Board has two primary roles: It establishes the rights and obligations of tenants and landlords under the RTA. It keeps eviction and maintenance disputes out of Ontario courts by resolving disputes between landlords and tenants through mediation or adjudication. In short, whether a landlord fails to observe the health, safety and maintenance standards set out by provincial laws and municipal bylaws or a tenant withholds rent, this is resolved through the Landlord and Tenant Board, which is similar to a court where either a landlord or a tenant can apply to the Board. The challenge is understanding the application and hearing process including what to do before you file an application, how to file an application and what happens afterwards. Before you file an application Before applying to the Landlord and Tenant Board, there are steps to take. For example, if you have a problem with your landlord or tenant, you should attempt to solve the problem with a conversation. You also need to understand your rights and responsibilities and get legal advice. Choosing an application If you are a landlord: The forms available include L1-L9, N4-N8, N10, N12, N13, A1, A2 and A4. Because there are different kinds of concerns, which can happen in a tenancy, correspondingly the LTB application you need to file will be different. If you are a tenant: The forms available include T1-T6, A1, A2 and A4. For different concerns that you may have about your tenancy, there are appropriate forms to file with the LTB. Filing an application Applications and supporting documents may be filed in one of 4 ways. Using LTB e-File In person By mail Or by fax at any LTB office location or ServiceOntario Centre that accepts applications for the LTB. Mediation and hearing The LTB has rules and practice directions that apply to its processes. To get ready for and understand what happens at mediation and the different types of hearings, you might want to get legal advice. The order The LTB issues four common orders: 1) An interim order, 2) An ex parte order, 3) A hearing...

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An overview of tenancy arrangements under the RTA.

An overview of tenancy arrangements under the RTA.

Posted by on Nov 16, 2015 in Blog | 0 comments

The following are common types of residential tenancy arrangements; Fixed-term tenancy Fixed-term tenancy has long been considered the ideal for both landlords and tenants. For landlords, an understanding that the rental unit will remain tenanted for a defined period is coveted. For tenants, a secure tenure can mean relief from stress in the ever-changing rental climate. However, the fixed-term tenancy can become constraining for both parties  when a dispute between the landlord and the tenant forms. A landlord is limited to terminating the tenancy before the end of term by the protections afforded to tenants by the Residential Tenancies Act- no termination of tenancy without an order of the Landlord Tenant Board. Where as a tenant is limited by  obligation to find a suitable candidate to take over the lease- or otherwise facing liability for the remainder of the term (the only exception being instance of domestic abuse). Periodic tenancy This tenancy is typically short term and therefore, it has shorter notice periods when a notice to commence an application to the Board is served. Undefined terms of habitation are common in these types of tenancies, making it more difficult to gather evidence that is necessary for a successful eviction. Tenancy at sufferance This is not a lawful tenancy, it takes place outside any tenancy agreement, but the tenant remains in possession of the rental unit. While there is no agreement to tenancy, the Board will recognize landlords’ right for compensation in the form of rent charges. Depending on the type of tenancy, procedural steps can vary. Proper procedure plays an extremely important role when it comes to evicting a tenant. There are many steps a landlord is required to take in order to ensure success. For more information about tenancy agreements and other aspects of the landlord tenant law, talk to our courteous staff...

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