http://www.poltenhodder.com/wordpress We share some random thoughts about commercial litigation and what is going on in the Ontario courts. Fri, 09 May 2008 14:56:32 +0000 http://wordpress.org/?v=2.0.5 http://www.poltenhodder.com/wordpress/index.php/2005/12/09/i-wasnt-expecting-the-spanish-inquisition/#comment-20 Mon, 12 Dec 2005 18:42:24 +0000 http://www.poltenhodder.com/wordpress/index.php/2005/12/09/i-wasnt-expecting-the-spanish-inquisition/#comment-20 But here, the husband executed no power of attorney. It was forged. On the facts, the husband was a completely innocent party whose property was made answerable for a mortgage which he never signed, directly or indirectly. But here, the husband executed no power of attorney. It was forged. On the facts, the husband was a completely innocent party whose property was made answerable for a mortgage which he never signed, directly or indirectly.

]]> http://www.poltenhodder.com/wordpress/index.php/2005/12/09/i-wasnt-expecting-the-spanish-inquisition/#comment-19 Mon, 12 Dec 2005 16:11:45 +0000 http://www.poltenhodder.com/wordpress/index.php/2005/12/09/i-wasnt-expecting-the-spanish-inquisition/#comment-19 Maybe the standard of care of the lender is too low. At some point the lender has to take some responsibility where the owner is away for extended periods and leaves a Power of Attorney. And perhaps Mr. Liu has to take some responsibility for leaving a wide open Power of Attorney with his wife for the extended periods that he was away. We all know that Powers of Attorney are dangerous and should be given carefully and revoked when not used. The whole concept of Land Titles depends on the Public being able to rely on the validy of registered documents. It's the "mirror" piinciple. Maybe the standard of care of the lender is too low. At some point the lender has to take some responsibility where the owner is away for extended periods and leaves a Power of Attorney. And perhaps Mr. Liu has to take some responsibility for leaving a wide open Power of Attorney with his wife for the extended periods that he was away. We all know that Powers of Attorney are dangerous and should be given carefully and revoked when not used. The whole concept of Land Titles depends on the Public being able to rely on the validy of registered documents. It’s the “mirror” piinciple.

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