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Discipline Tribunal Sets Aside Allegations of Professional Misconduct Against Chiropodist
Friday, January 9, 2026Lad KucisHealth LawChiropodists, Discipline
In a noteworthy recent case, College of Chiropodists of Ontario (CCO) v. Ku (December 9, 2025), the Discipline Tribunal allowed a motion to set aside certain allegations of professional misconduct on the basis that they fell outside the scope of the investigation authorized by the Inquiries, Complaints and Reports Committee (ICRC), and the chiropodist was not provided with an opportunity to respond to the allegations...
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CN Failure to Meet Service Obligations under the Canada Transportation Act Results in Multimillion Damages for Lost Profits and Vessel Demurrage
Friday, January 2, 2026Rui FernandesLitigationTransportation & Logistics, Damages, Vessel Demurrage
In the recent decision of the Federal Court of Canada in Louis Dreyfus Company Canada ULC v. Canadian National Railway Company, 2025 FC 1868, the court was asked to determine the damages resulting from CN’s breach of its service obligations pursuant to section 116(5) of the Canada Transportation Act, S.C. 1996, c 10 (the “Act”)...
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Proposed New Requirements for Lithium-Ion Batteries in Consumer Products
Friday, January 2, 2026Rui FernandesLitigationTransportation & Logistics, Lithium-Ion Batteries
Health Canada has published a Notice of Intent regarding proposed regulations for lithium-ion batteries and consumer products containing lithium-ion batteries (under the Canada Consumer Product Safety Act (“CCPSA”))...
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Will 2026 see the end of Driver Inc.?
Friday, January 2, 2026Carole McAfee WallaceLitigationTransportation & Logistics
Worker misclassification is an ongoing issue in many workplaces and industries...
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Looking Ahead to 2026: Freight Brokers, Motor Carrier Casualty Claims and the United States Supreme Court
Friday, January 2, 2026M. Gordon HearnLitigationTransportation & Logistics, Freight, Claim
The United States Supreme Court does not usually rule on transportation cases...
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Ambiguous Exclusion Clauses and Reasonable Expectations: Lessons from Busato v. Gore Mutual Insurance Company
Friday, January 2, 2026Mason KohnLitigation
The decision of Busato v. Gore Mutual Insurance Company, 2025 BCCA 79 (CanLII) is a recent and noteworthy case from the Court of Appeal for British Columbia...
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Make a List and Check it Twice: Are Your Cyber Programs Naughty or Nice?
Friday, January 2, 2026Jamal RehmanLitigationTransportation & Logistics, Cybersecurity
As 2025 draws to a close, the end of the year offers a valuable opportunity for supply chain intermediaries – including shippers, freight brokers, freight forwarders, warehousemen, and motor carriers – to review and assess the health of their cybersecurity systems, policies, and programs...
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Oath of allegiance under the Legal Profession Act ruled unconstitutional (Wirring v. Law Society of Alberta)
Tuesday, December 30, 2025Stephen A. ThieleLitigationConstitutional Law , Charter, Freedom of Religion , Oath of Allegiance
In certain circumstances, a requirement that a person pledge an oath of allegiance to a country, a monarch or an institution is not uncommon...
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Vicarious liability action against employer of defendant struck as vexatious (Jones-Moore v. Moore)
Monday, December 29, 2025Dara Hirbod, Isabel YooLitigationLiability, Employer, Vexatious
Vicarious liability is a doctrine in tort law which holds one party responsible for the wrongful acts of another, on the basis of a special relationship between them...
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Lawyer not required to produce alleged will drafting file: further production denied (Nouini v. Pizzi)
Monday, December 15, 2025Stephen A. ThieleLitigationCivil Procedure, Production of Documents , Non-Parties, Dismissal
Although the Rules of Civil Procedure require parties to produce relevant documents in a proceeding, a court can refuse a request for further productions if it is disproportionate or where a party’s conduct in seeking the further productions is tactical...
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Crossed-out conditions in agreement of purchase and sale held to be deleted (Dehkordi v. O’Dell)
Monday, December 15, 2025Alexander Melfi, Simona Ristic, Isabel YooLitigationAgreement of Purchase and Sale, Property
In an agreement of purchase and sale (APS), buyers often include conditions that must be met before the agreement becomes legally binding...
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Realtor cannot serve as expert damages witness for own client (Ambria (Bloomington) Limited v. Esmaeili)
Friday, December 5, 2025James R.G. CookLitigationDamages, Real Estate
Expert witnesses have a fundamental duty of independence and impartiality towards the parties in litigation...
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Lawyers obtain permanent injunction to remove defamatory postings made against them (Judson Howie LLP v. Blackwell)
Thursday, December 4, 2025Stephen A. ThieleLitigationTorts, Defamation, Injunction
The internet permits everyone with access to a computer to post their unfiltered views about anything...
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Using Generative AI in court: a penny wise, a pound foolish (T.B. v. K.M and X.L v. Z.L.)
Monday, December 1, 2025Stephen A. ThieleLitigationArtificial Intelligence, Courts
As a research lawyer, I am threatened to be replaced by generative artificial intelligence that purports to conduct legal research much like new machines threatened the jobs of labourers during the industrial revolution...
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Civil claims struck due to privacy breach from unauthorized access to text messages (McCarrell v. McCarrell)
Monday, December 1, 2025James R.G. CookLitigationClaim, Privacy, Breach
Canadian law affords constitutional protection to privacy rights...
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Law Firm Ordered to Disclose Client’s Banking Information (Stajic v. Wayland Group and Ward)
Friday, November 28, 2025James R.G. CookLitigationBanking, Disclose
Solicitor-client privilege in Canadian law is sacrosanct...
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Court grants full indemnity costs following dismissal of frivolous and fabricated claim (Kovacevic v. Bank of Montreal)
Wednesday, November 26, 2025James R.G. Cook, Isabel Yoo, Michael LauricellaLitigationFull Indemnity, Dismissal, Claim
The Superior Court of Justice in Ontario has been faced with significant backlogs for some time, leading to delays in civil matters...
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Lawyer removed as counsel of record for non-profit corporation (Fodjo v. NufiCanada)
Friday, November 21, 2025James R.G. CookLitigationNon-Profit, Counsel
Lawyers owe a duty of loyalty to their clients...
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Seeking Relief but Finding Regret
Friday, November 21, 2025Nadia BechaiTax and Estate PlanningEstate, Executor
Being named the executor of an estate is often a thankless job. It requires considerable time, patience, and dedication – over at least a year and a half, all while grieving the loss of the deceased...
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Seller beware of provision in APS that includes HST as part of purchase price (Miculinic Investment Corp. v. 2303515 Ontario Inc.)
Friday, November 14, 2025Stephen A. ThieleLitigationSeller, HST
In real estate transactions which involve properties that are comprised of both a commercial and residential use, HST is payable on the portion of the land that is used for commercial purposes...
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Don’t Hope for the Contractual Interpretation Stars to Align (and Ensure Your Fleet Reporting is in Order Instead)
Wednesday, November 12, 2025Conal CalvertLitigationTransportation & Logistics
The decision of West York Sales and Leasing Inc. v. The Dominion of Canada General Insurance Company, 2025 ONSC 3845 is a recent interesting case in the Superior Court of Ontario dealing with coverage under fleet insurance policies...
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Ontario’s Crackdown on Fraudulent Commercial Licenses and the U.S. Ban on Trucking Work Visas Leave Drivers in Limbo
Wednesday, November 12, 2025Saisha MahilLitigationTransportation & Logistics
On August 22, 2025, the U.S. State Department announced a pause on the issuance of certain work visas for foreign commercial truck drivers...
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Director and Officers’ liability and the Load Brokers’ Trust Obligation under the Ontario Highway Traffic Act
Wednesday, November 12, 2025Kim E. StollLitigationTransportation & Logistics
Ontario continues to be the only province in Canada requiring that persons who arrange for carriage, typically load brokers who are “load arrangers”, must hold “in trust” any freight charges earmarked for the associated carriers...
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Court addresses “tort of ejectment” while granting injunction in property dispute (Saad Keval v. Hiep Nguyen)
Monday, November 10, 2025James R.G. CookLitigationInjunction, Property, Dispute
What can a property owner do when they have been excluded from their property...
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Managing Conflicts of Interest: A Brief Guide for In-House Counsel
Thursday, November 6, 2025Zev ZlotnickCorporate Law, Business LawManaging Conflicts
Conflicts of interest can emerge subtly in corporate settings, particularly where in-house counsel operate across multiple departments and roles...
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Retail Property Lending: Managing Risks Amid Changing Retail Landscapes
Wednesday, November 5, 2025Zev ZlotnickReal Estate, Business Law, Corporate LawRetail Property Lending
Commercial mortgage lending for retail properties in Ontario has become increasingly complex as the retail sector faces transformative market pressures...
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Court rejects bid to overturn Terrebonne election result (Sinclair-Desgagné v. Attorney General (Canada))
Monday, November 3, 2025Stephen A. ThieleLitigationPolitical Law, Elections, Contested Election
The April 2025 Canadian federal election was a close contest, with a handful of electoral districts not determining a winner until the votes in the last ballot box were...
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Developer breached Agreement of Purchase and Sale by demanding additional charges at time of closing (Taheripouresfahani v. Dormer Bond Inc.)
Friday, October 17, 2025James R.G. CookLitigationBreach, Agreement of Purchase and Sale
In litigation arising from disputed real estate transactions, courts are frequently confronted with circumstances where a buyer tries to close for less than the agreed sale price...
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Squatter gains ownership of municipal parkland in Toronto (Kosicki v. Toronto (City))
Friday, October 10, 2025Stephen A. ThieleReal EstateAdverse Possession, Municipal Land
In Ontario, the law recognizes that a squatter can gain legal ownership of the land of the true owner in certain limited circumstances...
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Lead lawyer responsible for use of AI by third party contractor (Reddy v. Saroya)
Tuesday, October 7, 2025Stephen A. ThieleLitigationLegal Research , Artificial Intelligence, Fake Cases
Prior to joining Gardiner Roberts LLP in 1999, I was an outsource lawyer, providing legal support services to other lawyers throughout Ontario...
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