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25 Nov

Defamatory statements made in a pleading are immune to attack

Friday, November 25, 2022Stephen A. ThieleLitigationDefences, Torts, Defamation, Absolute Privilege

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The law of defamation permits a defendant to raise specialized defences to defeat a claim. The most common defences are...

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25 Nov

Court declines to intervene in dispute over governance of not-for-profit clubs

Friday, November 25, 2022James R.G. CookLitigationNot-for-Profit/Charities

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Members of not-for-profit organizations should generally try to resolve their differences pursuant to their rules and by-laws before...

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21 Nov

Amendments to professional negligence claim denied following tardy expert report

Monday, November 21, 2022James R.G. CookLitigationRules of Civil Procedure, Negligence

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Pleadings frame an action and determine the evidence that will be called at trial. The rules of pleadings generally require that... 

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18 Nov

Home owner obtains certificate of pending litigation to stop power of sale

Friday, November 18, 2022James R.G. CookLitigationReal Estate, Courts of Justice Act

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Parties who are seeking an interest in a property may seek to register a certificate of pending litigation (CPL) on title for the...

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18 Nov

Damages in a defamation action

Friday, November 18, 2022Stephen A. ThieleLitigationDamages, Torts, Defamation

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Reputational harm is serious. It can have devastating impacts on the person whose reputation has...

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15 Nov

Female mining executive’s defamation claim against government employee allowed to proceed

Tuesday, November 15, 2022Stephen A. ThieleLitigationTorts, SLAPP, Defamation

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Ontario and British Columbia are the only two common law provinces that have anti-SLAPP legislation. This legislation permits the early dismissal of claims that...

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15 Nov

In-house lawyer breached fiduciary obligations by negotiating self-interested agreements

Tuesday, November 15, 2022James R.G. CookLitigationGeneral Counsel Agreement, Unanimous Shareholder Agreement

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Lawyers entering into business relationships with their clients should generally ensure that the clients receive meaningful independent legal advice on any agreement...

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10 Nov

Therapists not personally liable for debts of bankrupt sports medicine clinic

Thursday, November 10, 2022James R.G. CookLitigationSports, Bankruptcy, COVID-19, Bankruptcy and Insolvency Act, Business Corporations Act

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A creditor who sees the owners of a bankrupt company start up a new profitably-looking business while walking away from the prior company’s debts may understandably feel that they have...

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9 Nov

Limitation Period bars claim for breach of Assignment of Agreement of Purchase and Sale

Wednesday, November 9, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Limitation Periods, Limitations Act, 2002

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In Ontario, there is a general two-year limitation period for claims relating to a breach of contract which starts on the day when a plaintiff discovers that damage from a breach occurred and knows that a legal proceeding would be an...

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8 Nov

Is Your Demand Loan Demandable?

Tuesday, November 8, 2022Zev ZlotnickCorporate LawLoans, Real Estate

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A demand loan is a loan that a lender can require to be repaid by the borrower in full at any time. A demand loan has no term, but is simply repayable on...

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8 Nov

Does the Underused Housing Tax Apply to You? The Answer May Surprise You

Tuesday, November 8, 2022Ian SpiegelCorporate LawTax & Estate Planning, Bill C-8, Underused Housing Tax Act

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Bill C-8, which introduced the Underused Housing Tax (the “UHT”) through the Underused Housing Tax Act (the “Act”), received ...

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7 Nov

Summons issued against Premier Ford valid but unenforceable because of parliamentary privilege

Monday, November 7, 2022Stephen A. ThieleLitigationPolitical Law, Public Inquiries, Summons, Parliamentary Privilege

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There has been much political debate over the past few weeks about Premier Ford’s and Deputy Premier Jones’s refusal to voluntarily testify at the federal public inquiry into...

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4 Nov

Nephew not entitled to verbal life interest in aunt’s property

Friday, November 4, 2022James R.G. CookLitigationReal Estate

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Living arrangements between adult family members are often informal and based upon the nature of their close relationship rather...

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2 Nov

75-day house arrest ordered for contempt in a defamation case

Wednesday, November 2, 2022Stephen A. ThieleLitigationTorts, Contempt of Court, Defamation

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In a previous blog dated June 30, 2022, my colleague James Cook wrote about the award granted to a university....

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1 Nov

Anonymization and sealing requests in Ontario civil proceedings

Tuesday, November 1, 2022James R.G. CookLitigationRules of Civil Procedure, Real Estate, Courts of Justice Act

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Closed proceedings, sealing orders and publication bans are rare in civil actions in Ontario. When a court decision in a civil proceeding is published it normally bears the names of the parties in the title of...

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31 Oct

Commission not owing to agent under conditional agreement of purchase and sale

Monday, October 31, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

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Often, an agreement to purchase real estate will have a conditional period to allow for various steps to be completed by either the buyer or...

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27 Oct

Negligence claim against lawyer who obtained restraining order against a non-party dismissed

Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationNegligence, Professional Liability, Duty of Care, Non-client

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Causes of action typically require a plaintiff to prove specific elements in order to succeed. In a claim for negligence, the plaintiff must prove (i) that there was a duty of care owed by...

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26 Oct

Defamation claim defeated as the statements were substantially true

Wednesday, October 26, 2022James R.G. CookLitigationSummary Judgment

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Sometimes the most efficient way to defeat a defamation claim is to prove the defence of justification—namely, that the impugned statements that are alleged to be...

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24 Oct

Business founder required to disgorge profits from competing powder-coating business

Monday, October 24, 2022James R.G. CookLitigationFiduciary Duties, Licensing Agreements

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One of the essential obligations of someone who enters into a business venture with other shareholders of a small corporation is...

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21 Oct

City Councillor’s disclosure of confidential material to own lawyer breaches Code of Conduct

Friday, October 21, 2022Stephen A. ThieleLitigationPolitical Law, Member of Council, Breach, Code of Conduct

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In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective...

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21 Oct

Broad discovery and social media disclosure affirmed in Muzzo ats Neville-Lake

Friday, October 21, 2022James R.G. CookLitigationSocial Media

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In September 2015, a tragic collision between a Jeep Grand Cherokee driven by a driver under the influence of...

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17 Oct

Pro-life group’s defamation claim against “online protestor” allowed to proceed

Monday, October 17, 2022Stephen A. ThieleLitigationSocial Media, Courts of Justice Act

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Social media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and...

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13 Oct

Mortgage Assumptions and VTBs in a Rising Interest Rate Market

Thursday, October 13, 2022Zev ZlotnickBusiness Law, Real Estate, Corporate LawMortgage, Vendor Take-Back Mortgage

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In light of substantial increases in interest rates, real property purchasers are looking for alternative lending arrangements. Some alternatives include...

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11 Oct

Lessons in a professional liability claim

Tuesday, October 11, 2022Stephen A. Thiele, James R.G. Cook, Eli BordmanLitigationLimitations Act, 2002, Mortgage Brokerages, Lender and Administrators Act

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Professional liability actions provide good teaching lessons for future plaintiffs and defendants and their legal representatives. Although a plaintiff may firmly believe that they have a valid cause of...

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21 Sep

Using Corporate Structures to Invest in Real Estate

Wednesday, September 21, 2022Parish BhumgaraBusiness Law, Corporate LawLimited Partnership

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One of the more interesting aspects of corporate law is how it allows for the use of corporate structures to facilitate investment. This article discusses how corporate structures can be used to ...

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13 Sep

How Do I Lend to LPs & REITs?

Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate , Limited Partnership, REIT, Real Estate Investment Trusts

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Loan transactions commonly involve non-corporate entities such as limited partnerships and Real Estate Investment Trusts (“REITs”). It is important for lenders to...

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30 Aug

Investment Canada Act voluntary notification comes into force on August 2, 2022

Tuesday, August 30, 2022Eliane Leal da SilvaCorporate Law

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As of August 2, 2022, foreign investors are able to file a voluntary notice where they otherwise would not be subject to mandatory notification or net benefit review. This applies to...

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29 Aug

Lawyer’s defamation action allowed to proceed in Small Claims Court

Monday, August 29, 2022James R.G. CookLitigationSmall Claims Court, Courts of Justice Act

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Ontario’s Small Claims Court is intended to provide litigants with a cost-effective forum for civil claims up to $35,000, including claims for defamation. Defamation claims in the...

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25 Aug

Social Clubs with Share Capital and the Ontario Not-for-Profit Corporations Act, 2010

Thursday, August 25, 2022Clifford S. GoldfarbCorporate Law, Non-Profit and Charities

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Social clubs with share capital (“social companies”) remain under the Ontario Corporations Act (the “OCA”) after the Not-for-Profit Corporations Act...

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23 Aug

1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered

Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Real Estate, Corporate LawCommercial Mortgage, Commercial Mortgage Lenders

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Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership. Legal ownership and beneficial ownership of real property is...

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