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LINDA'S RECORD OF PROFESSIONAL ACHIEVEMENT AND COMMUNITY SERVICE:

2016
- Published Eden Cooking School Demonstrators' Recipes, First Edition, Toronto, on February 29

2012
- Began researching and presenting on health questions

2010-2016
- Coordinated and demonstrated at the Eden Cooking School in Toronto

2004
- Completed and mounted information providing web page
- Commenced lecturing on "The Colour Code" summer of 2004
- Conceived and organized WEBb's BNI Adventure Afternoon networking event
- Attained accreditation as certified Vegetarian Cooking School Instructor
- Director, Religious Liberties, Kingsview Village Church

2003
- Director, Health and Temperance Department, Kingsview Village Church
- Revision of the Do You Know publication series
- Publication of "The Power of Personal Penmanship" in the BIG BOOK
- Received BNI's Master Networker Award

2002
- Publication of "New Home Construction" why you need a lawyer, Toronto Business Times, June 2002
- Received BNI's MVP Award [Most Valuable Player] BNI Chapter Award of Excellence

2001
- Director, Communications Department, and Church Clerk, Kingsview Village

2000
- Trekked Antarctica and Easter Island and conclusion of the 7 Continents, 7 Oceans, Millennium around-the-world cruise and return to Toronto and law practice reinvigorated

1999
- Commencement of travel sabbatical on the 7 Continents, 7 Oceans, Millennium around-the-world cruise

1998
- Offered e-mail communication with clients
- Commenced feeding the homeless, religious liberties, and nursing home visitation programme

1997
- Established new law in civil procedure in Lochwin v. Wasserman - see Explanatory Notes on Reported Cases 9, and the listing under Business Law, Corporate & Commercial, Trials and Civil Litigation

1996
- Mounting of law practice's first web page

1995
- Established new law in family law in Orzeck v. Orzeck, which clarifyies the parental obligation to pay child support to or for a child over the age of majority, who was not in communication with the parent - see Explanatory Notes on Reported Cases 10, and the listing under Family Law and Civil Litigation



HOME PAGE: Linda Kolyn, LL.B.HOME PAGE: Linda Kolyn, Barrister and Solicitor. Legal Quotes and Counsel From Linda Kolyn.
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Reported Cases


Areas of Law considered in this case: - Sheriff's Interpleader - Rule 13.05(2) of the Rules of Civil Procedure - Business Law - Civil Litigation

Danbrie Agri-Products Mfg. Ltd. v. Martens Pipe Products Inc., [1987] O.J. No. 1401 January 30, 1987

Interpleader is an underused and very effective remedy where the Sheriff, or any other party, has received competing claims to money or goods or other valuables. Rule 13.05(2) of the Rules of Civil Procedure governed in this case.

My client the Sheriff had seized goods in the execution of a writ of seizure and sale [one of the enforcement mechanisms that Rule 60.07 of the Rules of Civil Procedure provide after Judgment is obtained]

Not only did another company claim ownership of these goods, but the Ontario Development Corporation claimed a first mortgage on the goods.

Other execution creditors also joined the proceedings, and appeared at the hearing.

The presiding Judge ordered that the Sheriff's liability respecting the goods was extinguished. The Sheriff was awarded his costs against the company from which the goods were seized.

After procedural concessions were made, the Judge heard evidence as to the competing claims to ownership of the goods. The Judge found that one of the claimants had established ownership of the goods.

As the Sheriff had sold the goods, in accordance with Rule 60.07 of the Rules of Civil Procedure, the moneys received were directed paid out of court to the owners. The owners were also awarded costs payable by the company, which had had possession of the goods on their premises.

Since there were many parties, and the amount of money involved was not large enough to warrant a pretrial and then a trial of the issues, I persuaded the presiding judge to dispense with the pretrial, and determine the matter on a final basis, which he did.

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Linda Kolyn, LL.B.
Barrister & Solicitor

Bloor Islington Place
3280 Bloor Street West
Suite 1140
11th Floor, Centre Tower
Toronto Ontario
M8X 2X3

Tel: 416-236-8746
Fax: 416-236-9745



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