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24 May

The Supreme Court of Canada Strengthens the Judgment Creditor Tool Box

Wednesday, May 24, 2017Scott GfellerLitigation, Privacy LawSupreme Court of Canada, Rules of Civil Procedure

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Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when...

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9 May

Ineffective Assistance of Counsel in the Civil Context: The case of SMTCL Canada Inc. v. Master Tech Inc., 2017 ONCA 291

Tuesday, May 9, 2017Chris JuniorLitigation, Civil LawSummary Judgment, Rules of Civil Procedure

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Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...

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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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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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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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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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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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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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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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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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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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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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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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