Below is a list of some of Martin's reported decisions. Please click on the individual case to read the full decision.

  • Miller Paving Limited v B. Gottardo Construction Ltd.

    This is a recent Decision of the Ontario Court of Appeal which summarizes the law in Ontario with respect to the use of the Doctrine of Mistake to avoid a contractual obligation. It also deals with the Defence of Change of Position, which is similar to estoppel. Please go to http://www.canlii.org/en/on/onca/doc/2007/2007onca422/2007onca422.html to read more.
  • Norama Design Inc. v CGU Insurance Company of Canada

    This is a recent Decision of the Court concerning the obligations owed by a bank to its customer in matters of cheque fraud, where the fraudulent cheque was purportedly drawn on a financial institution other than that in which the cheque was deposited. Please go to http://www.canlii.org/en/on/onsc/doc/2007/2007canlii17034/2007canlii17034.html to read more.
  • Royal Bank of Canada v Malfara Importing & Exporting Inc.

    This is a useful case concerning altered cheques and the ability to pierce a corporate veil to make recovery from individuals. It also defines what the concept of "cheque having cleared" means, given the unlimited time periods to return items where fraud is involved. Please go to http://www.canlii.org/en/on/onsc/doc/2005/2005canlii7667/2005canlii7667.html to read more.

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