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Jan 9, 2019

Muslim Green Cemetery Successful in Application

John J. Longo

Muslim Green Cemeteries Corporation, represented by litigation lawyers John Longo and Patrick Copeland, has been successful in a number of applications (and resulting appeals) involving Toronto Muslim Cemetery Corporation. These various proceeding concerned the formation, interpretation and enforcement of a contract relating to the development and management of a non-profit cemetery serving the Sunni Muslim community in the Greater Toronto Area.

The most recent proceeding in connection with this matter included the following issues: (1)  the right of Muslim Green to set the price list for plots in the portion of the cemetery that the agreement provides for it to operate; (2) if Muslim Green can set its own price list for these lands, whether the price list set by Muslim Green is the one that governs the calculation of the care and maintenance fund contributions under the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33 and related regulations; and (3) whether certificates of interment rights to be provided pursuant to the agreement are to be issued as cemetery plots are transferred by Muslim Green to its members, or all at one time. Muslim Green was wholly successful in this proceeding.

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