Restitution Discussion Group Archives
| 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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