Criminal Code

Obtaining Credit By False Representation #257

Legally Speaking

By Gerry NeelyB.A., LL.B. Column #77 discussed an attempt to obtain financing through the use of the Contract of Purchase and Sale, one between the parties and one for the mortgage company, the latter agreement for a higher price and larger down payment than the parties agreed upon. It is a criminal offense to attempt

Payment Under Protest #239

Legally Speaking

By Gerry NeelyB.A., LL.B. What do you as a buyer do when your understanding of the contract is that the seller is required to pay GST, but the seller refuses to do so. When that occurred in a recent transaction, the buyer paid the GST to avoid losing the property. The buyer’s lawyer did not state

Best Efforts Condition Precedent #209

Legally Speaking

By Gerry NeelyB.A., LL.B. Whether a condition precedent falls within the “whim or fancy” or “option or offer” category of conditions, or within the category that requires purchasers to use their best efforts to satisfy the conditions, is a question judges continue to be asked. Since the cases depend upon different facts, they may appear to

Removing Fixtures; Whim or Fancy #205

Legally Speaking

By Gerry NeelyB.A., LL.B. If section 441 of the Criminal Code of Canada were better known to tenants, less of them might trash rented premises. This section makes it an offense, punishable upon conviction for up to five years imprisonment, if an occupant of a dwelling house or other building deliberately and to the prejudice