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27 Mar

Re-capping Gardiner Roberts LLP’s First PDAC Breakfast Conference

Monday, March 27, 2023Business Law, Corporate LawMining, Prospectors & Developers Association of Canada, PDAC

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On Wednesday, March 8, 2023, Gardiner Roberts LLP hosted distinguished guests from Brazil, Finland, and Atlantic Canada during the Prospectors & Developers Association of Canada...

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27 Mar

Allegations of ineffective assistance of counsel against Law Society duty counsel dismissed

Monday, March 27, 2023James R.G. CookLitigationDisciplinary Hearing

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Lawyers facing disciplinary proceedings before the Law Society of Ontario may have duty counsel appointed to represent their interests. A Divisional Court decision shows that...

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23 Mar

Developer required to answer discovery questions about misleading other buyers

Thursday, March 23, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

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During the course of litigation, plaintiffs may seek evidence that a defendant has engaged in a similar pattern of impugned conduct with other people who...

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22 Mar

The Underused Housing Tax and Reporting Requirements for “Effected Owners”

Wednesday, March 22, 2023Ian SpiegelBusiness Law, Corporate LawReal Estate, Tax and Estate Planning

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The Underused Housing Tax (the “Act”), which came into effect on January 1, 2022, introduces an annual 1% tax on the value of vacant or....

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21 Mar

Avoiding Probate in Ontario: Strategies to Minimize Estate Administration Tax

Tuesday, March 21, 2023Ian SpiegelBusiness Law, Corporate LawTax & Estate Planning, Estate Administration Tax

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Obtaining probate for a will is the legal process through which the executor named in a will asks the court to confirm the validity of the will and the authority of the named...

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20 Mar

Subpoena issued for political objectives quashed

Monday, March 20, 2023Stephen A. ThieleLitigationPolitical Law, Politicians, Subpoena, Quashed

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A subpoena is a court order, usually issued as a matter of course based on a lawyer’s request, for a...

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15 Mar

PPSA Registrations for a GSA vs for a Guarantee

Wednesday, March 15, 2023Zev ZlotnickBusiness Law, Real Estate, Corporate LawLending, Ontario Personal Property Security Act

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Is there a difference between perfecting a general security agreement through a PPSA registration and registering a PPSA in respect of a...

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15 Mar

Expropriation through Regulation May Warrant Compensation

Wednesday, March 15, 2023Daniel KuhnreichBusiness Law, Real Estate, Corporate LawExpropriation

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The doctrine of “constructive taking” requires a property owner to be compensated where state action has the effect of acquiring the legal or beneficial interest in...

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27 Feb

Real estate agent sued for misrepresenting identity of buyer

Monday, February 27, 2023James R.G. CookLitigationRules of Civil Procedure, Real Estate

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In Ker v. Deol, 2023 ONSC 1167 (CanLII), a motion judge of the Ontario Superior Court of Justice considered whether the buyer’s real estate agent could be added as a defendant in a lawsuit brought...

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27 Feb

Ontario Lacrosse Association Defeats Competitor’s Motion for Injunction

Monday, February 27, 2023Stephen A. ThieleLitigationMembership, Injunction, Sports Law, Organizations

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Competition amongst sporting organizations vying for eligible, talented athletes is commonplace. Accordingly, organizations take steps to...

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24 Feb

Court of Appeal affirms that entire agreement clause is not bullet-proof

Friday, February 24, 2023Stephen A. ThieleLitigationReal Estate, Contracts, Commercial Tenancies, Entire Agreement Clauses

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Drafting clear, concise and bullet-proof provisions in a contract is an art. It takes time and a complete understanding of a client’s agreement with...

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21 Feb

Sellers not required to produce real estate lawyer’s file after terminating transaction due to lawyer’s approval condition

Tuesday, February 21, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

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An Agreement of Purchase and Sale (APS) for a real estate transaction may sometimes have a condition that allows for review of the APS by...

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17 Feb

Plaintiff fails to prove notary public’s error was the cause of losses from real estate transaction

Friday, February 17, 2023James R.G. CookLitigationBritish Columbia, Real Estate, Negligence, Professional Negligence

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In a professional negligence claim, a plaintiff must establish not only that a defendant breached the applicable standard of care but that the breach was the factual cause of the losses being claimed. Depending on the...

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17 Feb

Plaintiffs unable to establish terms of contract and entitlement to funds paid to trucking company

Friday, February 17, 2023Stephen A. Thiele, Rob WintersteinLitigationContracts, Formation, Enforceability

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Business relationships between different parties are generally governed by contracts. To be enforceable, a contract must have certainty of terms that are agreed to by the...

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14 Feb

Buyer not to entitled purchaser’s lien to recover deposit following builder’s default

Tuesday, February 14, 2023James R.G. CookLitigationLand Title Act, Real Estate, Ontario Planning Act

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Buyers of new homes sometimes enter into an Agreement of Purchase and Sale (APS) with the builder/developer of the proposed dwelling who doesn’t own the underlying land at the time the agreement is made. In such cases, it...

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14 Feb

Providing medical evidence is not always required when terminating insurance benefits

Tuesday, February 14, 2023Business Law, Corporate LawInsurance Law, Income Replacement Benefits, Ontario’s Statutory Accident Benefits Schedule

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In Varriano v. Allstate Insurance Company of Canada, 2023 ONCA 78 (CanLII) (“Varriano”), the Court of Appeal recently clarified what notice requirements insurers must satisfy to successfully give notice of...

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13 Feb

Defence of qualified privilege available to Township for posting letters from public

Monday, February 13, 2023James R.G. CookLitigationMunicipal Act, Courts of Justice Act, Planning Act

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Municipal site plan applications have a public component that may expose an applicant to complaints from people who are opposed to their plans. As part of the...

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13 Feb

Former Chamber of Commerce employee’s defamation action allowed to continue

Monday, February 13, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation, Motion Dismissed

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Although section 137.1 of the Courts of Justice Act (the “CJA”), the “anti-SLAPP provision”, has become a powerful tool to dismiss defamation actions at an early stage, there is certainly no guarantee that its use will always be...

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10 Feb

Owner of corporation faces personal liability for stripping assets following lease default

Friday, February 10, 2023James R.G. CookLitigationCorporations Act, Corporate Law, Lease Agreement, Business Corporations Act

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Corporations are separate legal persons with their own property rights and obligations. Individual shareholders are not generally liable for any acts or...

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10 Feb

“Sugar Daddy’s” $226 million action against “Sugar Baby” dismissed

Friday, February 10, 2023Stephen A. ThieleLitigationSummary Judgment, Civil Procedure, Limitation Periods

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Technology has expanded the ability of people to meet others who they otherwise may have never met in a purely paper-based world. Indeed, entrepreneurs have...

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9 Feb

Everest Finance Corporation v. Jonker, 2023 ONCA 87

Thursday, February 9, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage

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Jonker had a mortgage over their home with Everest. They defaulted in making the required payments on the mortgage, and Everest commenced power of sale proceedings. Everest brought its motion for summary judgment, which was...

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3 Feb

Seller ordered to obtain severance of residential properties to complete transaction

Friday, February 3, 2023James R.G. CookLitigationReal Estate, Ontario Planning Act

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In a real estate transaction, the seller must be in a position to ensure that good title is conveyed to a buyer at closing. In the time leading up to...

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31 Jan

Does a bank have a duty to warn a customer before carrying out a suspicious transaction?

Tuesday, January 31, 2023James R.G. CookLitigationBritish Columbia, Fraud, Exclusion Clauses , Application for Remittance

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If a customer walks into a bank and asks a teller to carry out a certain transaction, does the bank owe the customer a duty to...

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31 Jan

Entire Agreement Clause Insufficient to Protect Landlord’s Negligent Misrepresentations

Tuesday, January 31, 2023Daniel KuhnreichBusiness Law, Corporate LawCommercial Real Estate, Lease Agreement

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In its January 12th 2023 decision of Spot Coffee Park Place Inc v Concord Adex Investments Limited 2023 ONCA 15 (CanLII), the Ontario...

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27 Jan

Complaint about changes to Greenbelt Plan against Premier Ford not worthy of inquiry

Friday, January 27, 2023Stephen A. ThieleLitigationPolitical Law, Integrity Commissioner Complaint, Dismissal

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Premier Doug Ford continues to be the target of Integrity Commissioner complaints by opposing members of Ontario’s legislators. Although there is...

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27 Jan

Seller allowed to re-schedule Tarion closing date following “unavoidable delay”

Friday, January 27, 2023James R.G. CookLitigationOntario, Agreement of Purchase and Sale, Real Estate

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New homes in Ontario may include a warranty from the builder for certain construction deficiencies and other...

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26 Jan

Lending Against a Partial Beneficial Interest?

Thursday, January 26, 2023Zev ZlotnickBusiness Law, Real Estate, Corporate Law

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A beneficial interest is an individual’s right to benefit from assets held by someone else. With respect to real property, it is imperative...

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18 Jan

Ontario Court of Appeal Adds Good Faith Requirement for Rescission under the Condominium Act

Wednesday, January 18, 2023Business Law, Corporate LawAgreement of Purchase and Sale, GTA Real Estate, Condominium Act

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Chang Jiu Chen, the Appellant in the December 20th 2022 decision of Chen v Brookfield Residential (Ontario) Limited, signed an agreement of....

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16 Jan

Freedom of expression prevails in responses to COVID-19 protest organizers’ defamation action

Monday, January 16, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation

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March 2020 will live in our memories forever. It is the month that, among other things, the world panicked, that governments issued emergency orders to shutdown...

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11 Jan

Toronto’s New Vacant Home Tax: A Brief Introduction

Wednesday, January 11, 2023Ian SpiegelCorporate LawGTA Real Estate, Tax and Estate Planning

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The City of Toronto has implemented a new annual tax on vacant residences, payable beginning in 2023. A Vacant Home Tax of...

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