LAWYER PROFILE

6969675-2(1).jpg

B.A., University of Toronto, 1976;

M.A. (Economics), University of Toronto, 1977;

LL.B, University of British Columbia, 1980;

Admitted to the Law Society of Upper Canada, 1982;

LANDMARK CASES

Neal has acted as counsel in many cases. 

 

A few of the more significant and landmark cases are:

Beals v. Saldanha, [2003] S.C.J. No. 77.


This is a leading Supreme Court of Canada decision on the conflict of laws, where the Court established the requirements to enforce foreign judgments in Canada. The Court held that foreign judgments were enforceable in Canada where there was a "real and substantial connection" between the foreign jurisdiction and the subject matter giving rise to the claim.

 

This was a landmark case for the enforcement of foreign judgments.

Heritage Masonry Ltd. v. Building Team Ltd. (1995), 28 C.L.R. (2d)  101 (Gen. Div.), affirmed May 27, 1996 Divisional Court.


This is a landmark case which held that contractors may not deduct their overhead from the trust funds which are payable to their sub-contractors or suppliers.

Van Arnhem v. Lornewood Tanning Salon Inc., [1993] O.J. No. 2858, 11 C.L.R. (2d) 54.


This is a significant case which determined that a third party will be liable for breach of trust if that third party controls whether funds are advanced to an owner or contractor during the course of a construction project.

Webster v Decorceiling [1993] O.J. No. 1453.


In this civil action, some of the Defendants were found in contempt of Court and sentenced to 30 days  in jail for failing to answer questions relating to the transfer of assets from one corporation to another. 

 

A unique remedy achieved by perseverance and utilization of the right tools.