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Agency - Definition. Financial Services Regulatory Authority of Ontario v. First Swiss Mortgage Corp.
In Financial Services Regulatory Authority of Ontario v. First Swiss Mortgage Corp. (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal, this brought against "the motion judge’s order discharging a mortgage on a property owned by the respondents".
Here the court considers the law of 'agency':[10] .... A principal-agent relationship arises when the agent has actual or apparent authority to act on the principal’s behalf: Monachino v. Liberty Mutual Fire Insurance Company (2000), 2000 CanLII 5686 (ON CA), 47 O.R. (3d) 481 (C.A.), at para. 34, leave to appeal requested but application for leave discontinued, [2000] S.C.C.A. No. 223, at para. 33. Actual authority is a legal relationship created by an agreement between the principal and the agent: Monachino, at para. 34. An agency relationship may also be created by the conduct of the parties: Monachino, at paras. 35-36; 1196303 Inc. v. Glen Grove Suites Inc., 2015 ONCA 580, 337 O.A.C. 74, at para. 71. Apparent authority may be found where the conduct of the principal amounts to a representation that the agent has authority to act on the principal’s behalf: Stikeman Elliott LLP v 2083878 Alberta Ltd., 2019 ABCA 274, 95 Alta. L.R. (6th) 1, at paras. 43-45; Monachino, at paras. 35-37. .... . 1196303 Inc. v. Glen Grove Suites Inc.
In 1196303 Inc. v. Glen Grove Suites Inc. (Ont CA, 2015) the court cites the definition of agency as follows:[69] An oft-cited definition of agency comes from Gerald Fridman, in Canadian Agency Law, 2d ed. (Markham: LexisNexis, 2012), at p. 4:Agency is the relationship that exists between two persons when one, called the agent, is considered in law to represent the other, called the principal, in such a way as to be able to affect the principal’s legal position by the making of contracts or the disposition of property. See also Applewood Place Inc. v. Peel Condominium Corp. No. 516 (2003), 11 R.P.R. (4th) 253 (Ont. S.C.), at para. 35.
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