A Treasure Trove for Civil Litigators

The lengthy decision of Justice D. M. Brown released today in York University v. Markicevic is required reading for all civil litigators in Ontario.

It contains an up-to-the-minute, detailed consideration of the governing legal principles of: Mareva injunctions; fraudulent preferences; the admissibility of subjective intent and drafts in interpreting releases; and the test for summary judgment. It also powerfully reinforces the case law requiring unsuccessful parties to file their own bills of costs if they attack the quantum of costs sought by the successful party. See Justice Brown 2013-01-21 York U v. Markicevic