Building a condominium development is a massive financial undertaking. Any sudden fluctuations in the developer's liquidity may adversely impact any number of parties with a stake in the development project. In an attempt to improve liquidity and fund the ongoing construction, some developers resort to asking purchasers to pay some or all of the purchase funds to the developer directly. Ordinarily, such funds would be paid by the purchaser into a trust account set up for the benefit of secured creditors, such as first mortgagees.

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Shibley Righton's Jacqueline King will the Chairing the The 17th Annual Civil Litigator’s Survival Guide To Evidence on January 20th, 2023.  Please click here for more details and here for a copy of the event brochure 

In the recent decision of MacRury v. Keybase Financial Group Inc., the Honourable Madame Justice Boudreau of the Nova Scotia Supreme Court held that admissions of professional misconduct in a Settlement Agreement made in the regulatory context are an insufficient basis for granting summary judgment in the parallel civil action. However, Boudreau, J. confirmed that the Settlement Agreement may be admissible for the truth of their contents at the civil trial, although it is to be weighed against all other evidence.

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