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Recent news

8 January 2024

Mortgages – The contractual right to indemnity vs. the “usual rule” clarified.

While most loan agreements and mortgages documents contain a contractual right allowing the lender to recover indemnity (actual) legal costs in foreclosure proceedings, the “usual rule” provides that costs in unopposed foreclosure matters are generally awarded on a party and party basis under Tariff Scale A. The net result of the “usual rule” is that…

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26 October 2023

Paying Contested Companies Without Bank Accounts

Clients Paying Third Parties Using Their Lawyer’s Trust Account Watson Goepel LLP’s Litigation & Dispute Resolution Group was recently successful in clarifying how funds deposited in a lawyer’s trust account on behalf of a third party are treated. In successive successful hearings, we argued that when a company pays funds into a trust on behalf…

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