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	<title>Polten &#038; Hodder's Ontario Commercial Litigation Blog</title>
	<link>http://www.poltenhodder.com/wordpress</link>
	<description>We share some random thoughts about commercial litigation and what is going on in the Ontario courts.</description>
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	<item>
		<title>What you do and say trumps what you think</title>
		<description><![CDATA[Olivieri v. Sherman, released July 3, 2007 by the Ontario Court of Appeal, gives a succinct answer to a dispute that comes up far more often than it should.  Contractual intention must be decided solely on the basis of what a party says and does.  Actual intention is irrelevant.  The point is [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2007/07/08/what-you-do-and-say-trumps-what-you-think/</link>
			</item>
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		<title>..but when will this be proclaimed into force?</title>
		<description><![CDATA[The new amendments to the Ontario Human Rights Code permit litigants, finally, to claim full discrimination damages in the courts, and an apparent limitation on this right may be no limitation at all.


The statutory wording is a study in ambiguity.


In Seneca College of Applied Arts and Technology v. Bhadauria, [1981] 2 S.C.R. 181, the Supreme [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2006/12/16/29/</link>
			</item>
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		<title>The Elusive Double Dip</title>
		<description><![CDATA[The recent OCA decision in Alcatel Canada Inc. v. Egan is thought by some to settle whether a plaintiff can double dip disability benefits and wages in lieu of notice. However, it is still an open question whether a plaintiff can establish his entitlement to both (as in McNamara v. Alexander Centre Industries Ltd.), based [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2006/04/18/the-elusive-double-dip/</link>
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		<title>End of Our Winter of Discontent</title>
		<description><![CDATA[The Ontario Court of Appeal released its decision in Lysko v. Braley today.
The plaintiff Michael Lysko, who is my client, is the former commissioner of the Canadian Football League. The CFL Board of Governors dismissed him from his position in a lightning storm of publicity in March 2002.
In a widely publicized decision in November 2004, [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2006/03/27/end-of-our-winter-of-discontent/</link>
			</item>
	<item>
		<title>What&#8217;s the Deal?</title>
		<description><![CDATA[Rule 49.09 deals with non-compliance with an accepted offer of settlement. It says an aggrieved party has an option of seeking judgment on the accepted offer or continuing with the proceeding as though there had been no settlement. In Gianopoulos v. Olga Management Limited, the Court of Appeal stated, however, that the rule &#8220;is procedural [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2006/02/11/whats-the-deal/</link>
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	<item>
		<title>Good Fences</title>
		<description><![CDATA[It is hard to quibble with today&#8217;s OCA decision in Cira v. Rico Resources that courts in one jurisdiction should not issue orders purporting to direct or regulate the internal affairs or governance of a corporation incorporated in another jurisdiction.  I wonder if a more complicated fact situation might bend this rule.
]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2006/02/08/good-fences/</link>
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		<title>I Wasn&#8217;t Expecting the Spanish Inquisition</title>
		<description><![CDATA[Here are some very simple facts and a decision that should make everyone run right out and buy title insurance. 
Husband and wife own a home in joint title.
Husband is away.
Wife forges a power of attorney and mortgages home to pay gambling debts.
So, who loses, the husband or the mortgage company?
Based on a section of [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2005/12/09/i-wasnt-expecting-the-spanish-inquisition/</link>
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		<title>The Rich, the Poor and the Stupid</title>
		<description><![CDATA[Pearson v. Inco has finally been certified as a class proceeding.  Let me express a sigh of relief, and then go off on a rant.
Sometimes I wonder if our courts are unduly influenced by the size of claims.  This comes into bold relief where a plaintiff claims an entitlement that threatens a whole [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2005/12/09/the-rich-the-poor-and-the-stupid/</link>
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		<title>Blood from a Stone</title>
		<description><![CDATA[I had never thought that it made any difference in making a costs award whether the paying party had the means to pay.  This has always been a factor on a solicitor-client assessment, but on December 1, 2005, in Euteneier v. Lee, Justice Cronk of the Court of Appeal declared that ability to pay [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2005/12/03/blood-from-a-stone/</link>
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		<title>Ambushed by logic</title>
		<description><![CDATA[Here&#8217;s a good one from the gotcha school of law, upheld by the OCA on September 8, 2005 in Amerato v. Registrar, Motor Vehicle Dealers Act.
You&#8217;re a car dealer.  For this you need a licence.
The Registrar makes a statutory &#8220;proposal&#8221; to revoke your licence.  You demand a hearing to oppose this.  Before [...]]]></description>
		<link>http://www.poltenhodder.com/wordpress/index.php/2005/10/15/ambushed-by-logic/</link>
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