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11 May

Closely-held Corporations (and other businesses): Avoiding Litigation and Other Unnecessary Business Ownership Catastrophes

Wednesday, May 11, 2022Richard C. HoffmanCorporation, Partnership, Litigation

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Everyone always (or almost always) understands that, at any and every given moment in time, he/she is thinking “clearly” and “reasonably”. Given such universal reality, it generally or otherwise often flows that

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10 May

Costs for online legal research continue to be scrutinized by the courts

Tuesday, May 10, 2022Stephen A. ThieleCosts, Legal Research, Procedure

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When I first entered law school in 1987, Quicklaw was the only online legal research tool available to

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9 May

Could full indemnity costs become the norm in defamation actions?

Monday, May 9, 2022Stephen A. ThieleCosts, Defamation, Torts

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As the use of social media platforms continues to grow, there is a correspondingly growing danger that the misuse of these platforms can cause devastating damage to

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28 Jan

Action stayed as a result of plaintiff’s failure to disclose settlement

Friday, January 28, 2022Real Estate, Lease Agreement

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Litigation often involves claims by a plaintiff against multiple parties. Defendants in such actions may or may not crossclaim against each other but they are presumed to be adverse to

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28 Jan

Jurisdictional Door on the Small Claims Court Slammed Shut for Anti-SLAPP Motions

Friday, January 28, 2022Anti-SLAPP Legislation, Anti-SLAPP

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Anti-SLAPP or section 137.1 of the Courts of Justice Act (“CJA”) motions for the early dismissal of claims involving issues arising from an expression related to 

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24 Jan

Defamation basics and pre-trial disposition motions

Monday, January 24, 2022Defamation, Torts, Pre-trial Disposition

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We have written a lot about defamation cases on this blog and the pre-trial disposition of defamation actions under...

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20 Jan

Update: New Reporting Requirements For Trusts

Thursday, January 20, 2022Trusts

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In a previous blog post, we discussed the proposed new T3 Trust Income Tax and Information Return reporting and filing requirements for certain express trusts. These changes

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17 Jan

Watchdog’s defamation action against municipality allowed to continue

Monday, January 17, 2022Defamation, Political Law, Torts, SLAPP

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The law of defamation in the political arena has a long history. Passionate sparring between political opponents and the tendency to attack an...

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4 Jan

CBC liable for defaming investment advisor

Tuesday, January 4, 2022Defamation, CBC

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In June 2012, the Canadian Broadcasting Corporation (CBC) televised two news stories featuring a retired Canadian Pacific Railway employee who claimed to have lost more than half of...

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31 Dec

Divisional Court upholds Integrity Commissioner decision: Councillor’s pay suspended for 270 days

Friday, December 31, 2021Municipal Act, Integrity Complaints

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Politicians are not above the law. Indeed, they occupy a position in our democratic society which obligates them to behave with the utmost integrity and in accordance with the office they...

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23 Dec

Prophylactic disgorgement order in case of corporate malfeasance imposed by Ontario Court of Appeal

Thursday, December 23, 2021Venture Capital, Funds

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In a decision that involved “acceptable standards of corporate conduct in Canada,” the Ontario Court of Appeal addressed the breakdown of the relationship between five founders of a venture capital fund...

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22 Dec

Distribution under ambiguous disposition provision in Will made on a per stirpes basis

Wednesday, December 22, 2021Wills, Interpretation

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A Last Will and Testament is an important document that, among other things, permits the smooth distribution of a person’s estate after his or her death. It is, of course,...

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20 Dec

Cineplex awarded $1.2 billion following failed pandemic courtship

Monday, December 20, 2021Material Adverse Effect (MAE)

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In a remarkable trial decision resulting from a breach of contract claim commenced during the COVID-19 pandemic, Cineplex Inc. obtained a damages award in the amount of $1.2 billion against the former suitor of...

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15 Dec

Declaration of vacancy of Council member’s seat not stayed pending Councillor’s appeal

Wednesday, December 15, 2021Municipal Conflict of Interest, Stay Pending Appeal

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On November 29, 2021, I wrote a Gardiner Roberts LLP “Keeping Current” article on the decision in Corporation of the Township of Brudenll, Lyndock and Raglan (Integrity Commissioner) v. Budarick, 2021 ONSC 7635 (CanLII). In that...

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14 Dec

Court sets aside non-competition injunction

Tuesday, December 14, 2021Injunction, Non-competition injunction

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An injunction that prevents a person from competing with a former employer can be devastating to the party subject to the injunction. Accordingly, where such...

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13 Dec

Court upholds removal of lawyers who will be witnesses

Monday, December 13, 2021Professionals, Lawyers, Removal from the record

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Lawyers are obligated to avoid acting on matters where they have a conflict of interest. A lawyer cannot act against a current client and must follow certain ethical rules and practices when acting for...

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3 Dec

Treatment of Digital Assets on Death

Friday, December 3, 2021Social Media, Etherium, Litecoin, Ripple, Cardano, Dogecoin, Non-Fungible Tokens (NFT)

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“Water is a useful metaphor for digital assets; they are just as fluid, ever-changing, and dynamic, which presents both...

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2 Dec

Law firm obtains injunction against former associate after Thanksgiving weekend coup

Thursday, December 2, 2021

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At 1 p.m. on the Friday afternoon of the October 2021 Thanksgiving long weekend, a lawyer employed as an associate in the Brampton location of the firm...

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1 Dec

Self-defence prevails in recreational hockey league stick-swinging incident

Wednesday, December 1, 2021Hockey, Sports Law, Assault with a weapon, Self-defence

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Hockey is one of Canada’s most popular sports. From a young age, many children are taught how to skate and are either registered in organized ice hockey leagues or...

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29 Nov

Sellers not allowed to rely on “escape clause” to accept a better offer

Monday, November 29, 2021Agreement of Purchase and Sale, GTA Real Estate

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In some cases, sellers may wish to ‘hedge their bets’ by accepting a conditional offer that contains a term allowing them to continue to market the property for sale until... 

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29 Nov

City Councillor gets burned for municipal conflict of interest over a matter involving a fire

Monday, November 29, 2021Political Law, Conflict of Interest, Removal from office

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Municipal councillors and local board members are obligated to avoid participating in matters where their economic self-interest may be in conflict with... 

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26 Nov

Porch bandits - adverse possession remains alive and well in Toronto

Friday, November 26, 2021Land Title Act, GTA Real Estate

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The doctrine of adverse possession remains alive and well in Toronto despite the conversion of most properties into the Land Titles registry system many...

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26 Nov

Ford wins again! Court of Appeal for Ontario upholds dismissal of defamation action against him

Friday, November 26, 2021Defamation, Torts, SLAPP

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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...

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22 Nov

Unfulfilled Promise to Transfer Family Property Upheld by Court of Appeal for Ontario

Monday, November 22, 2021

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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...

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22 Nov

The ONCA at one month: the good, the bad, and the frequently misunderstood

Monday, November 22, 2021Not-for-profit Corporations Act (ONCA)

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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...

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5 Nov

Lawyer who was not provided the opportunity to be heard about breach of duty to the court was denied procedural fairness

Friday, November 5, 2021Procedural Fairness

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Professional reputations which take years to build can be damaged by negative comments in judicial reasons, which are publicly available on CanLII and...

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3 Nov

Realtor’s full and final release extended to cover brokerage

Wednesday, November 3, 2021Real Estate, Commercial Real Estate

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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...

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2 Nov

Lawyer not added as a defendant to counterclaim in real estate dispute

Tuesday, November 2, 2021Rules of Civil Procedure, Real Estate

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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...

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1 Nov

Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan

Monday, November 1, 2021Loans, Real Estate, GTA Real Estate, Monetary Gift, Brampton

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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...

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1 Nov

Ontario Court of Appeal upholds setting aside of a notice of discontinuance

Monday, November 1, 2021Rules of Civil Procedure, Real Estate

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On August 3, 2020, lawyers at Gardiner Roberts LLP were successful in getting a notice of discontinuance set aside for their real estate brokerage...

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