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19 Apr

The “People’s Court”: Now By Online Civil Resolution Tribunal?

Wednesday, April 19, 2017Dara HirbodLitigation, Civil LawSmall Claims Court, Civil Resolution Tribunal, Ontario, British Columbia

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The Ontario Small Claims Court is often referred to as the “People’s Court”. The colloquial title has even been adopted by Ontario’s Ministry of the Attorney General. The People’s Court is designed to... 

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12 Apr

Appealing to the Supreme Court of Canada from a Refusal of Leave to Appeal by a Provincial Court of Appeal

Wednesday, April 12, 2017Ian A. BlueLitigationLiquor Control Act, Constitution Act, Alcohol, New Brunswick, Supreme Court of Canada

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Readers may recall that in R. v. Comeau, 2016 NBPC 3 in which we are acting for M. Comeau, the New Brunswick provincial court...

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5 Apr

Take Me to the Water: the baptism of bankruptcy and student debt write-offs

Wednesday, April 5, 2017Tim DuncanBankruptcy and InsolvencyPolitics, Budget, Finance

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A few weeks ago, I decided to take a break from reading cases, arguments and alternative arguments to peruse the news (read: basket-cases, facts and “alternative facts”) instead.

Amongst other things, I learned that the federal government is this year planning to write off approximately...

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29 Mar

Mortgage Fraud: Who Has Priority In A Dispute?

Wednesday, March 29, 2017James CookLand Titles Act, LitigationMortgage Fraud

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A recent Ontario Divisional Court decision, CIBC Mortgages Inc. v Computershare Trust Company of Canada, 2016 ONSC 7094...

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22 Mar

House Party Drunkenness: Should Parents Be Liable For Catastrophic Injuries Suffered By Guests?

Wednesday, March 22, 2017Gavin J. TigheLitigationCivil Liability, Summary Judgment, Alcohol, Beer Pong

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The recent decision of Hon. Justice Wendy Matheson of the Ontario Superior Court of Justice in Wardak v. Froom, 2017 ONSC 1166 has certainly caused a media sensation and sent tongues wagging...

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15 Mar

Missing Comma May Prove Costly

Wednesday, March 15, 2017Stephen A. ThieleLitigationGeneral Interest

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Good legal writing is an important skill.

The failure to properly draft a contract or a legislative provision can have significant...

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8 Mar

Pitfalls in Termination Clauses

Wednesday, March 8, 2017Jonathan WigleyEmployment LawTermination, Reasonable Notice

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Employment contracts often contain termination rights of the parties. In particular  there is often a clause permitting the employer to terminate on a...

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1 Mar

Lawyer’s Beware: Extending the Duty of Care beyond the Scope of the Retainer

Wednesday, March 1, 2017Lauren KasonLitigation, Professional Liability, Solicitor’s Duties

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The recent case of Meehan v Good, 2017 ONCA 103, has some unsettling implications for lawyers, as the case leaves open the possibility of extending a lawyer’s duty of care beyond the scope of the written retainer agreement even where the...

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22 Feb

Summary judgment motion in actions for wrongful dismissal started under the Simplified Procedure rule: A new way forward

Wednesday, February 22, 2017Dara Hirbod, Kevin W. FisherLitigationSummary Judgment, Rules of Civil Procedure, Wrongful Dismissal

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Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit, to commence a claim under the...

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1 Feb

Landlords Need to be Careful When Declining a Rental Application

Wednesday, February 1, 2017Rob WintersteinLitigation, Landlord and Tenant Law, Human Rights LawResidential Tenancies

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Recently, a Toronto landlord found herself the subject of a news article on CBC.com and the subject of discussions on various news radio...

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25 Jan

Transfers at an Undervalue; Backfires in Creditor Proofing

Wednesday, January 25, 2017Jonathan WigleyBankruptcy and InsolvencyBankruptcy, Insolvency, Transfer at an undervalue

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Individuals faced with financial pressures and money problems understandably try to protect what little assets they may have left. In particular they...

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18 Jan

Collecting legal fees: The Small Claims Court is back in business

Wednesday, January 18, 2017Stephen A. ThieleSolicitors ActLegal Fees, Small Claims Court

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For the past few years, the courts have grappled with the issue of whether the Small Claims Court has jurisdiction to hear cases about the collection of unpaid legal fees. First, a court determined that...

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11 Jan

Construction Lien Act: Proposed change highlights

Wednesday, January 11, 2017Bryan SkolnikLitigationConstruction

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The Ministry of the Attorney General recently released a report reviewing Ontario’s Construction Lien Act.

While the Ministry supports maintaining the current lien/holdback regime, it also recommends....

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21 Dec

“Fashion Santa”: An Intellectual Property Yuletide Carol

Wednesday, December 21, 2016Chris JuniorIntellectual Property, LitigationCopyright, Trademarks, Santa Claus, Retail Shopping

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Last year, Paul Mason became a social media phenomenon while working the holiday season as a pseudo...

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14 Dec

Check Before You Rent

Wednesday, December 14, 2016Stephen A. ThieleReal EstateCondominium, Rental Property, Tenant

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With Toronto still in the middle of a condominium boom and more people buying condominium units for investment purposes, particularly for short-term rentals, it is important to review both the...

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7 Dec

What’s in a name? Everything if it is a registered Trade-mark!

Wednesday, December 7, 2016Stephen A. ThieleIntellectual Property, Litigation, Common LawHockey, Trademarks, NHL, Copyright, Las Vegas, Nevada, Sports, Vegas Golden Knights

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At the end of November, the new National Hockey League franchise awarded to Las Vegas unveiled, along with a logo, that the team would be named the...

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29 Nov

CPSO Commences Investigations Into Physicians Prescribing High Doses of Opioids

Tuesday, November 29, 2016Lad KucisHealth LawOpioids, Healthcare

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The regulatory body that governs Ontario physicians has recently launched investigations into 86 physicians who allegedly...

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21 Nov

Trumps N.A.F.T.A. promise a potential blessing for Canada

Monday, November 21, 2016Anna HusaLitigationNAFTA, Free Trade, Trump

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It has been almost two weeks since Donald Trump was elected President of the United States of America. The election results have created a considerable amount of...

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9 Nov

Only My Trial Judge Can Judge Me: Pre-Trial Judge, Don’t Judge My Summary Judgment Motion

Wednesday, November 9, 2016Dara HirbodLitigation

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Most lawyers have taken for granted, or assumed it was trite, that the Rules of Civil Procedure expressly prohibit a pre-trial conference Judge from hearing a subsequent summary judgment motion in the same matter. Put simply, the Rules...

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2 Nov

Lessons from the Dreamworld Crisis

Wednesday, November 2, 2016Stephen A. Thiele

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Last week, 4 adults were killed at the Dreamworld Amusement Park in Australia when they were thrown from a family-friendly, river-raft ride onto a conveyor belt. Media reports indicated that...

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26 Oct

Gilmor v. Nottawasaga Valley Conservation Authority: The pending appeal and what’s at stake

Wednesday, October 26, 2016Tim DuncanLand Use Regulation, Litigation, Conservation, Environmental Law

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On December 20, 2016, the Ontario Court of Appeal will hear an appeal of an appeal overturning a refusal by a Conservation Authority to issue a permit for development of...

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5 Oct

Civil Liability for STDs and Jurisdiction

Wednesday, October 5, 2016Stephen A. ThieleCivil LawBaseball, Civil Liability

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On October 4, 2016, Toronto Blue Jays first baseman Edwin Encarnacion hit a dramatic three-run homerun to lift his team past the Baltimore Orioles in their...

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28 Sep

Costs: An Effective Tool to Address Frivolous Claims

Wednesday, September 28, 2016Bill MichelsonLitigationFull Indemnity, Costs

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The Department of Justice states that Canadian Courts help people resolve disputes fairly, that they interpret and pronounce law, set standards, and...

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14 Sep

Small Claims Court Has Jurisdiction to Decide Claims for Damage to a Rental Unit (if the tenant is no longer in possession)

Wednesday, September 14, 2016Rob WintersteinLitigation, Residential Tenancies, Landlord and Tenant LawTenant, Landlord, Damage to Rental Unit, Jurisdiction

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It has not been uncommon for Deputy Judges of the Small Claims Courts in Ontario to dismiss claims by landlords for damage to a rental unit. Most often the stated basis for...

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24 Aug

Arbitration clauses in employment agreements: are they enforceable?

Wednesday, August 24, 2016Bryan SkolnikEmployment Law, LitigationArbitration, Employment Agreements, Sales Incentive Plan

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Many employment agreements contain clauses which require the parties to submit to arbitration or some other dispute resolution mechanism prior to or ...

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17 Aug

Pokemon “No!”

Wednesday, August 17, 2016Stephen A. ThieleMunicipal Law, Criminal CodeGeneral Interest, Technology, Mobile Phones

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The proliferation of iPhones, iPads, androids and other personal technology devices has also resulted in the growth of online games for both the young and old. It is difficult to watch television without... 

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10 Aug

Ontario Court of Appeal Says There is No Reasonable Expectation of Privacy in a Text Message

Wednesday, August 10, 2016Alexander MelfiLitigation, Privacy Law, Charter of Rights and FreedomsMobile Phones, Technology

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The smartphone has quickly become one of the fastest-selling electronic gadgets in history, with some estimates indicating that more than...

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4 Aug

Summer Travels Outside Of Canada? Be Aware

Thursday, August 4, 2016Scott GfellerInsurance ActMedical Insurance, Travel Insurance, Travel

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Your bags are packed and you suddenly remember that you haven’t purchased travel medical insurance. After employing your finely honed “google-fu” you make a call to...

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27 Jul

Ontario to Stop Paying for High-Dose Opioids

Wednesday, July 27, 2016Lad KucisHealth Law

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On July 20, 2016, the Ministry of Health and Long-Term Care posted a Notice that it will be removing higher strength doses of long-acting opioids from...

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26 Jul

Securities Distributions Outside of Canada. A Summary of the OSC's Proposed Rule 72-503

Tuesday, July 26, 2016Kathleen Skerrett, Heather ZordelCapital Markets, Business Law, Securities LawOntario Securities Commission, Rule 72-503

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The line designating when the Ontario Securities Commission (OSC) will regulate a distribution of securities is being redrawn. The current “rule”, Interpretation Note 1 Distributions of Securities Outside Ontario under a repealed OSC Policy 1.5 (OSC Interpretation Note 1.5) has...

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20 Jul

Toronto Plans Looks To Boost Road Safety

Wednesday, July 20, 2016Chris JuniorAdministrative Law, Constitutional Law, LitigationEntertainment, General Interest, Toronto

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In the past two weeks, the City of Toronto saw the manifestation (albeit coincidentally) of two very distinct yet related events; the release of Pokémon Go and...

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13 Jul

Lessons learned from Brexit?

Wednesday, July 13, 2016Anna HusaLitigationBrexit, European Union, United Kingdom, Referendum

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On June 23, 2016, Britain held a historic referendum on its membership in the European Union. Today, three weeks later, the world is still reeling from...

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29 Jun

Regina v Comeau Has Profound Implications For Interprovincial Trade

Wednesday, June 29, 2016Ian A. BlueAdministrative Law, Constitutional LawImportation of Intoxicating Liquors Act, New Brunswick, Supreme Court of Canada, Liquor Control Act

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The recent New Brunswick court decision in Regina v Comeau, April 29, 2016 has profound implications for interprovincial trade. The court held that a provision of the New Brunswick Liquor Control Act prohibiting...

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22 Jun

Holding the Bag: Re Redwater and the Road Ahead

Wednesday, June 22, 2016Tim DuncanLitigation, Insolvency law, Environmental LawAlberta, Oil Sands, PHC contamination

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I’ll leave the proselytizing on the Fort McMurray wildfires and notions of karma to the pundits. What I want to talk about is...

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15 Jun

It's The Little Things In Life That Count

Wednesday, June 15, 2016Gavin J. TigheLitigation, LegalRob Ford, Toronto Politics, Toronto, General Interest

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Many people have asked me what it was like to be the lawyer for former Toronto Mayor Rob Ford. Rob’s recent passing left those who knew and supported him saddened and those who did not confounded as to...

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8 Jun

Transport Canada Mulls Drone Regulations And Their Potential Impact On You

Wednesday, June 8, 2016James CookCriminal Law, Canadian Aviation Regulations, Criminal CodeTransport Canada, Drone

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Unmanned air vehicle, model aircraft, remotely piloted aircraft system, drone. Call it what you want, but always Think Safety First.” Transport Canada.

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1 Jun

Toronto Police Arrest Nearly 100 In Marijuana Raids

Wednesday, June 1, 2016Stephen A. ThieleCriminal Law, Municipal Law, Constitutional LawMarijuana, Charter

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Toronto police and the City of Toronto licensing and standards officers carried out dozens of search warrants of marijuana dispensaries and arrested nearly 100 people.

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