Blog

Blog

8 Aug

Richmond Hill Councillor’s lawsuit is SLAPPed

Monday, August 8, 2022Stephen A. ThieleLitigationDefamation, Torts, Anti-SLAPP

SHARE:

An action that arises out of an expression on a matter of public interest is vulnerable to a motion for dismissal under section 137.1 of the Courts of Justice Act (the “CJA”). Actions against elected

Read the full post, click here.

4 Aug

Inadvertent disclosure and improper use of privileged communications

Thursday, August 4, 2022Stephen A. Thiele, Gavin J. Tighe, James R.G. CookLitigationDefamation, Rules of Professional Conduct

SHARE:

In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of...

Read the full post, click here.

3 Aug

Conspiracy claim against lawyers dismissed

Wednesday, August 3, 2022Stephen A. Thiele, James R.G. Cook, Dara HirbodLitigationRules of Civil Procedure, Fraudulent Conveyances Act

SHARE:

Conspiracy is a complicated tort. In order to succeed in such a claim, a plaintiff is required to establish various elements. Where those elements do not exist, a defendant can bring...

Read the full post, click here.

2 Aug

Lawyer not liable for client’s payment of foreign buyer’s tax on North Vancouver property

Tuesday, August 2, 2022James R.G. CookLitigationReal Estate, Property Transfer Tax Act, Foreign Buyer’s Tax

SHARE:

In Tellini v. Bell Alliance, 2022 BCCA 106 (CanLII), the British Columbia Court of Appeal reversed a trial judge’s decision that found the defendant lawyer and law firm liable for the plaintiff’s obligation to pay...

Read the full post, click here.

29 Jul

Statutory immunity and qualified privilege protect City Councillor against night club’s action

Friday, July 29, 2022Stephen A. ThieleLitigationDefamation, Political Law, Torts, Municipal Councillors, Qualified Privilege

SHARE:

In the past few months, I have written a number of blogs about court decisions involving City Councillors. The courts and other processes...

Read the full post, click here.

25 Jul

Witnesses intimidated and conspiracy alleged while trying to conceal marriage

Monday, July 25, 2022James R.G. CookLitigationFraud, Divorce Act, Property Transfer Tax Act, Foreign Buyer’s Tax

SHARE:

Allegations of fraud and other unlawful conduct such as conspiracy are an attack on a person’s integrity and should not be made lightly by litigants. As the mere...

Read the full post, click here.

20 Jul

Power of sale restored by Court of Appeal under “safe harbour protections”

Wednesday, July 20, 2022James R.G. CookLitigationReal Estate, Mortgage Fees, Ontario Mortgages Act

SHARE:

In 2544176 Ontario Inc. v. 2394762 Ontario Inc., 2022 ONCA 529 (CanLII), the Ontario Court of Appeal restored a power of sale transaction that...

Read the full post, click here.

19 Jul

Gift or loan? Father failed to ensure his intentions were made known

Tuesday, July 19, 2022James R.G. CookLitigationReal Estate

SHARE:

How is an adult child able to prove whether funds or property transferred to them by a parent were intended to be a gift rather than a...

Read the full post, click here.

18 Jul

Leave required to sue representative of trustee in bankruptcy

Monday, July 18, 2022James R.G. CookLitigationBankruptcy, Bankruptcy and Insolvency Act

SHARE:

Trustees in bankruptcy are granted protection from civil claims for acts and omissions under the Bankruptcy and Insolvency Act (“BIA”), as the statute requires...

Read the full post, click here.

14 Jul

Losing an anti-SLAPP motion can be costly for a plaintiff

Thursday, July 14, 2022Stephen A. ThieleLitigationCosts, Defamation, Torts, Anti-SLAPP

SHARE:

The issue of costs is important for parties to take into consideration when litigating a case. Presumptively, winning parties are entitled to...

Read the full post, click here.

11 Jul

Ponzi scheme participants ordered to return payments that were “too good to be true”

Monday, July 11, 2022James R.G. CookLitigationBankruptcy, Limitations Act, Bankruptcy and Insolvency Act

SHARE:

Investors in a scheme that seems too good to be true should be aware that they may be liable to return the funds under principles of unjust...

Read the full post, click here.

8 Jul

Civil contempt finding against litigant for breaching receivership order

Friday, July 8, 2022James R.G. CookLitigationContempt of Court

SHARE:

Ontario courts maintain the inherent right to control their own processes and to sanction litigants who fail to abide by court orders. While a finding of contempt is...

Read the full post, click here.

7 Jul

Sale of partnership property allowed despite lack of authorization and disclosure

Thursday, July 7, 2022James R.G. CookLitigationPartnership

SHARE:

Ioannidis v. Ioannidis2022 ONSC 3942 (CanLII), is a cautionary tale of siblings who owned an investment property without a...

Read the full post, click here.

4 Jul

Toronto City Councillor knocks out defamation action

Monday, July 4, 2022Stephen A. ThieleLitigationDefamation, Anti-SLAPP Legislation, Torts

SHARE:

Although politicians continue to be targets of defamation actions, politicians also continue to knock them out under Ontario’s anti-SLAPP...

Read the full post, click here.

30 Jun

Defendant liable for defamatory tweets about university instructor

Thursday, June 30, 2022James R.G. CookLitigationDefamation, Social Media, Twitter

SHARE:

As an Ontario court has previously recognized, Twitter is a rhetorically harsh speech environment. A stark difference in political or other views may be...

Read the full post, click here.

28 Jun

Title insurance dispute over appraisal of “actual loss” for defects relating to municipal work order

Tuesday, June 28, 2022James R.G. CookLitigationReal Estate, Insurance Law, Ontario Insurance Act, Title Insurance

SHARE:

Residential title insurance policies are typically purchased to address potentially issues regarding title to a property. Title insurance policies may also cover... 

Read the full post, click here.

27 Jun

Interim injunction ordered to prevent neighbour from blocking private access road

Monday, June 27, 2022James R.G. CookLitigationRight-of-way Access , Real Estate, Road Access Act

SHARE:

Many rural properties in Ontario are accessed through private roads that traverse lands owned by one or more neighbours. The use of a private road may...

Read the full post, click here.

24 Jun

Relief from forfeiture not granted where buyer claimed lack of capacity to enter into real estate purchase agreement

Friday, June 24, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Courts of Justice Act

SHARE:

As real estate markets fall, buyers are sometimes left scrambling to find alternate sources of financing when the available mortgage funds turn out...

Read the full post, click here.

23 Jun

Lawyer not vicariously liable to opposite party in failed real estate transaction

Thursday, June 23, 2022Stephen A. Thiele, James R.G. Cook, Daria RisteskaLitigationRules of Civil Procedure, Agreement of Purchase and Sale, Real Estate

SHARE:

There appears to be a growing propensity on the part of litigants to sue the opposite party’s lawyer when a transaction fails or something else...

Read the full post, click here.

22 Jun

Sale of commercial units by nearly-insolvent debtor not a fraudulent conveyance

Wednesday, June 22, 2022James R.G. CookLitigationInsolvency, Real Estate

SHARE:

Creditors of an insolvent or nearly insolvent debtor may be understandably frustrated if the debtor sells its few remaining assets, leaving the...

Read the full post, click here.

21 Jun

Buyer breached duty of good faith in failing to complete assignment agreement

Tuesday, June 21, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Town of Caledon, GTA Real Estate

SHARE:

Buyers of pre-construction properties in Ontario sometimes enter into an assignment agreement with another buyer before the completion...

Read the full post, click here.

20 Jun

Mortgage provided by corporate borrower not a “fraudulent instrument”

Monday, June 20, 2022James R.G. CookLitigationLand Title Act, Real Estate

SHARE:

The Ontario Land Titles Act (“LTA”) provides that a registered mortgage that is determined to be a fraudulent instrument is void and may...

Read the full post, click here.

16 Jun

Pharmacy manager not bound by non-competition agreement

Thursday, June 16, 2022James R.G. CookLitigationNon-Compete, Working for Workers Act, 2021

SHARE:

In Ontario, the Working for Workers Act, 2021 provides that no employer shall enter into an employment contract or other agreement with an employee that...

Read the full post, click here.

15 Jun

Neighbour’s “management plan” did not improperly divert equity from plaintiff’s property

Wednesday, June 15, 2022James R.G. CookLitigationAgreement of Purchase and Sale

SHARE:

The case of Rivas v. Anobile2022 ONSC 3446 (CanLII), demonstrates the issues that may arise when all the terms and objectives of an...

Read the full post, click here.

14 Jun

Environmental assessment firm not liable to buyer who did not commission their report

Tuesday, June 14, 2022James R.G. CookLitigationAgreement of Purchase and Sale

SHARE:

Buyers should be wary about relying on inspections, appraisals or other reports prepared by a company with whom they have not directly...

Read the full post, click here.

13 Jun

Dispute over purchase of Canadian Art results in unjust enrichment claim

Monday, June 13, 2022James R.G. CookLitigation

SHARE:

While it may be tempting to purchase expensive artwork directly from a private seller without the involvement (and associated costs) of a reputable art...

Read the full post, click here.

10 Jun

City politicians succeed in getting defamation claim against them dismissed

Friday, June 10, 2022Stephen A. ThieleLitigationDefamation, Torts, Anti-SLAPP

SHARE:

Politics can be a rough profession, particularly where the issues being debated attract diametrically opposed views. Some social issues often bleed into...

Read the full post, click here.

7 Jun

No misrepresentations made by seller in asset purchase transaction

Tuesday, June 7, 2022James R.G. CookLitigationAsset Purchase Agreement

SHARE:

An asset purchase often involves an assessment of the value of the inventory and gross sales of the business being acquired. The terms of the...

Read the full post, click here.

6 Jun

No “waiver by conduct” of financing condition in agreement of purchase and sale

Monday, June 6, 2022James R.G. CookLitigationCondominium, Agreement of Purchase and Sale, Real Estate

SHARE:

With the cooling of the real estate markets, buyers may be in a position to negotiate a limited time period to have a home inspection, arrange financing, or complete other due diligence before...

Read the full post, click here.

2 Jun

Lawyer who was consulted by another lawyer disqualified from acting against other lawyer

Thursday, June 2, 2022Stephen A. Thiele, James R.G. Cook, Kevin MooibroekLitigationRules of Professional Conduct

SHARE:

In general, lawyers are not allowed to act on matters where they have a conflict of interest. To do so is contrary to the common law and the Rules of...

Read the full post, click here.

Subscribe Now