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2 Jun

Lawyer who was consulted by another lawyer disqualified from acting against other lawyer

Thursday, June 2, 2022Stephen A. Thiele, James R.G. Cook, Kevin MooibroekLitigationRules of Professional Conduct

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In general, lawyers are not allowed to act on matters where they have a conflict of interest. To do so is contrary to the common law and the Rules of...

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22 Sep

Blogger liable to plastic surgeon for defamatory posts about botched breast augmentation

Wednesday, September 22, 2021James R.G. Cook, Kevin MooibroekLitigationDefamation

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A British Columbia plastic surgeon successfully sued a former patient for defamation following comments she posted online alleging...

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14 Jun

Fitness franchise fails to obtain injunction to stop rebranding of fitness studio during the pandemic

Monday, June 14, 2021James R.G. Cook, Kevin MooibroekLitigationCOVID-19, Fitness Studio, Franchise

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The COVID-19 pandemic has been particularly hard on businesses operating gymnasiums and personal training studios since public health authorities have deemed it unsafe for groups of people to...

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10 Jun

Court reaches opposite conclusion on whether constructive dismissal claims are barred by Ontario COVID-19 Regulations

Thursday, June 10, 2021James R.G. Cook, Kevin MooibroekLitigation, Employment Law, Employment Standards Act

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Employers may be relieved that in Taylor v. Hanley Hospitality Inc., 2021 ONSC 3135 [not yet on CanLII], a second judge of the Ontario Superior Court of Justice reached an opposite conclusion to an earlier decision involving...

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23 Feb

“Enough is Enough” – frustration expressed by Ontario Courts over litigation misconduct during the pandemic

Tuesday, February 23, 2021Gavin J. Tighe, James R.G. Cook, Kevin MooibroekLitigationCOVID-19, Frustration

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At the time of this writing, it has been almost a year since civil litigation was routinely conducted in a physical courtroom. While parties and their...

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8 Jan

Freelance Consultants Not Bound by Non-Competition Agreement

Friday, January 8, 2021James R.G. Cook, Kevin MooibroekLitigation, Employment LawContract Law, Non-Compete, Trial Procedure, Civil Procedure

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Freelance consultants may often be faced with a decision to enter into contracts which purport to limit their ability to seek out what might be construed as...

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