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CanLII - 2009 CanLII 60408 (ON S.C.)
Construction Lien Trust [11] That decision makes the point that where a breach of trust is alleged, the initial onus is on the plaintiff to prove the existence of the trust by showing three elements:
(a) the owner received money on account of the project;
(b) that the plaintiff supplied materials on that project; and
(c) the plaintiff was not paid.
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[32] In my view the defendants
cannot be allowed to benefit from their refusal to supply the plaintiff with the
required information. It would be deleterious to provide an incentive to
trustees to avoid keeping beneficiaries informed, despite their requests. The
defendants should not benefit when the beneficiaries act reasonably in the face
of an information gap created by the defendants. The advantage of this principle
is that it provides an incentive for the contractor or owner to be forthcoming
in the provision of information, but still requires the supplier or
subcontractor to be proactive in making information requests. In other words if
there is a duty imposed on the one party to inquire, there is a like duty on the
other party to answer
London (City) v. Medina Isovic, 2009 CanLII 30138 (ON S.C.)
Damages for loss of income is not the same as employment income.
R. v. Dodson, 2000 CanLII 5623 (ON C.A.)
When there are competing claims served on the court holdingbail money the best course will generally be to resolve thoseclaims by way of an inter-pleader order under Rule 43 of theRules of Civil Procedure
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I have a serious concern whether a sentencing court,
or this court when hearing a sentencing appeal, is the
appropriate forum for making orders directing to whom bail money
should be paid.
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When there are competing claims, the criminal court is
unlikely to have all of the potentially interested parties before
it, nor is there a recognized mechanism for bringing those
parties to that forum.
- 2 more annotations...
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