Blog
Blog
Porch bandits - adverse possession remains alive and well in Toronto
Friday, November 26, 2021James R.G. CookLitigationLand Title Act, GTA Real Estate
The doctrine of adverse possession remains alive and well in Toronto despite the conversion of most properties into the Land Titles registry system many...
Read the full post, click here.
Ford wins again! Court of Appeal for Ontario upholds dismissal of defamation action against him
Friday, November 26, 2021Stephen A. Thiele, Alexander Melfi, Gavin J. TigheLitigationDefamation, Torts, SLAPP
Section 137.1 of the Courts of Justice Act (the “CJA”) has made it harder for a plaintiff to maintain a defamation action against a defendant where the issue related to the expression involves a matter of...
Read the full post, click here.
Unfulfilled Promise to Transfer Family Property Upheld by Court of Appeal for Ontario
Monday, November 22, 2021James R.G. CookLitigation, Estate Planning
In a recent decision, the Court of Appeal addressed the longstanding relationship in estate litigation between the enforceability of promises, unjust enrichment, and the remedy...
Read the full post, click here.
The ONCA at one month: the good, the bad, and the frequently misunderstood
Monday, November 22, 2021Clifford S. Goldfarb, James M. Parks, Heather Keachie, Christine JubianBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA)
The Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”) came into effect as of October 19, 2021, and there are a number of misconceptions about its effect on existing corporations incorporated under the...
Read the full post, click here.
Lawyer who was not provided the opportunity to be heard about breach of duty to the court was denied procedural fairness
Friday, November 5, 2021James R.G. CookLitigationProcedural Fairness
Professional reputations which take years to build can be damaged by negative comments in judicial reasons, which are publicly available on CanLII and...
Read the full post, click here.
Realtor’s full and final release extended to cover brokerage
Wednesday, November 3, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate
Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and...
Read the full post, click here.
Lawyer not added as a defendant to counterclaim in real estate dispute
Tuesday, November 2, 2021Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure, Real Estate
In general, rules governing the amendment of pleadings in a civil action are generous. Courts are mandated to allow amendments. However in circumstances where an...
Read the full post, click here.
Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan
Monday, November 1, 2021James R.G. CookLitigationLoans, Real Estate, GTA Real Estate, Monetary Gift, Brampton
Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of...
Read the full post, click here.
Ontario Court of Appeal upholds setting aside of a notice of discontinuance
Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationRules of Civil Procedure, Real Estate
On August 3, 2020, lawyers at Gardiner Roberts LLP were successful in getting a notice of discontinuance set aside for their real estate brokerage...
Read the full post, click here.
Investor required to return funds received for limited partnership units based on calculation mistake
Friday, October 29, 2021James R.G. CookLitigation
In certain circumstances, the legal doctrines of common mistake and rectification may provide a remedy to a party who has paid out funds that are based upon admitted errors in...
Read the full post, click here.
Lawyer wins $500,000 in defamation action
Thursday, October 28, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts
Damage awards in a defamation case can be significant. This is especially the case where the person defamed is a professional. In Soliman v. Bordman, 2021 ONSC 7023, a prominent and...
Read the full post, click here.
Examining former NHL player Kyle Beach’s sexual abuse lawsuit from a Canadian Employment law perspective
Thursday, October 28, 2021Soma Ray-EllisLitigation, Employment LawOccupational Health and Safety Act, Ontario Human Rights Code
On Wednesday, former Chicago Blackhawks forward Kyle Beach came forward and identified himself as ‘John Doe’, the individual who filed a lawsuit against the NHL team over how...
Read the full post, click here.
Buyers bound to agreement of purchase and sale negotiated by family friend
Tuesday, October 26, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate
Buyers who rely on real estate services provided by a family friend would do well to ensure that they are fully aware of the consequences of entering into a...
Read the full post, click here.
Mortgage lender did not breach duty of honest contractual performance
Monday, October 25, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act
A mortgage lender enforcing its rights under a mortgage may owe the borrower a duty to do so honestly and in good faith. However, this does not mean that...
Read the full post, click here.
Defamer gets 18 month jail sentence for contempt of court
Thursday, October 21, 2021Stephen A. ThieleLitigationDefamation, Torts, Remedies, Contempt of Court
In the law of defamation, we only tend to think about the damages that are awarded for a person’s loss of reputation or the intellectual analysis conducted by...
Read the full post, click here.
Ontario’s “appropriate means” test for limitation periods after Grant Thornton v. New Brunswick
Tuesday, October 19, 2021James R.G. CookLitigationLimitation Periods, Ontario Limitations Act
As we recently wrote, the Supreme Court of Canada’s recent decision on limitation periods in Grant Thornton v New Brunswick, 2021 SCC 31 (CanLII), left open the question of how
Read the full post, click here.
Snapchat post results in liability for defamation
Monday, October 18, 2021James R.G. CookLitigationDefamation, Social Media
Capturing and reposting a screen shot of a private Snapchat photo sent by another person can result in liability for damages if it includes defamatory comments about...
Read the full post, click here.
Incorrect Counting of Unused Ballots Results in Judicial Recount
Friday, October 15, 2021Stephen A. ThieleLitigationPolitical Law, Election Law , Recounts
An election is not officially over until all of the ballots are counted and the results are certified by the Chief Electoral Officer. This includes the...
Read the full post, click here.
Ontario Business Registry: Moving Businesses Online
Thursday, October 14, 2021Clifford S. Goldfarb, James M. Parks, Heather Keachie, Christine JubianBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA), Ontario Business Registry
On October 19, 2021, the Ontario Ministry of Government and Consumer Services (the “Ministry”) will open the online Ontario Business Registry (“OBR”). The registry will
Read the full post, click here.
Lawyer who lied about personal background and shared client information did not breach duty of loyalty
Tuesday, October 12, 2021James R.G. CookLitigationDuty of Loyalty
The duty of loyalty owed by lawyers to their clients is a foundational principle in the adversarial system. The Supreme Court of Canada has described the duty of...
Read the full post, click here.
Mortgage granted by defendant facing trial judgment set aside as a fraudulent conveyance
Thursday, October 7, 2021James R.G. CookLitigation, Real EstateFraudulent Conveyances Act, Assignments and Preferences Act
Defendants facing the prospect of an unfavourable ruling at trial should be aware that any conveyances or payments to third parties during...
Read the full post, click here.
Plaintiffs ordered to pay costs of $164,186 after trying to bully defendants into removing negative online reviews
Thursday, October 7, 2021James R.G. CookLitigationRules of Civil Procedure, Anti-SLAPP Legislation, Online Review, Courts of Justice Act
Plaintiffs who commence a defamation action would be well-advised to consider the potential consequences of having the claim dismissed at an early stage...
Read the full post, click here.
Supreme Court of Canada upholds reduction in size of Toronto's City Council
Monday, October 4, 2021Stephen A. Thiele, Gavin J. Tighe, James R.G. CookLitigationToronto Politics, Supreme Court of Canada, City Councillors
In Canada’s recent federal election, voters demonstrated a passion for democracy and were willing to stand in long line-ups to exercise their...
Read the full post, click here.
Dispute between neighbours over fence location results liability for trespass
Monday, October 4, 2021James R.G. CookLitigation, Real Estate
Fences may make good neighbours but not when they can’t agree on where the fence should be located. In Lombardo v. 2672140 Ontario Inc...
Read the full post, click here.
GR lawyers succeed in having action over cancelled building permit transferred to correct court
Thursday, September 30, 2021Stephen A. Thiele, Kenneth JullLitigationConservation Authority, Conservation Authorities Act
Each jurisdiction has different levels of court. In Ontario, there is the Small Claims Court, the Ontario Superior Court of Justice, the Divisional Court and the...
Read the full post, click here.
Lack of written contract for home construction project results in dispute with contractor
Monday, September 27, 2021James R.G. CookLitigationConstruction , Home Construction, Renovations, Construction Act
Major home construction projects involve a substantial investment of time and money. There is typically a high amount of stress involved for homeowners over the scope of...
Read the full post, click here.
Court refuses to enforce mortgage prepayment penalty
Friday, September 24, 2021James R.G. CookLitigationReal Estate, Mortgage Fees
Many Canadian mortgages have a prepayment term that imposes a penalty if the mortgage advance is repaid by the borrower before the maturity date. The general purpose of...
Read the full post, click here.
Employer obtains punitive damages and constructive trust over employee’s property as a result of kickback scheme
Thursday, September 23, 2021James R.G. CookLitigationFraud, Kickbacks
Dishonest employees who are responsible for misappropriating funds from their employer may face civil judgment for the amount of the...
Read the full post, click here.
Blogger liable to plastic surgeon for defamatory posts about botched breast augmentation
Wednesday, September 22, 2021James R.G. Cook, Kevin MooibroekLitigationDefamation
A British Columbia plastic surgeon successfully sued a former patient for defamation following comments she posted online alleging...
Read the full post, click here.
Restrictive covenants and short-term vacation rentals
Monday, September 20, 2021Stephen A. ThieleLitigation, Real EstateCondominium, Restrictive Covenant, Short-term vacation rentals
Owning a condominium unit that can be leased for short-term vacation rentals can be exciting. Not only does the owner have a property at which to stay while on vacation without the need to pay for...
Read the full post, click here.