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Sender:
Allan Axelrod
Date:
Tue, 11 Nov 1997 08:01:56 -0500
Re:
subrogation

 

On Mon, 10 Nov 1997, David Stevens, Faculty of Law wrote:

There are three recent decisions of the Ontario court of Appeal on equitable subrogation reported in vol 34 O.R (3rd) at 583, 594 and 599. They were heard together. All involved creditors who had lent intending to take the rank of a prior secured lender, but failing to do so due to a lawyer's error. In two of the three the creditors succeeded in its equitable subrogation claim. See, respectively, Re Mutual Trust Company and Credtiview Estate Homes Limited, Re Midland Mortgage Corporation and 784401 Ontario Ltd. et al., Re Armatage Motors Limited and Royal Trust Corporation of Canada et al FYI from Canada.

pretty tricky

are the unsecured creditors now subrogated to any malpractice claim against the attorney[s]?


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