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
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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Blogger liable to plastic surgeon for defamatory posts about botched breast augmentation
Wednesday, September 22, 2021James R.G. Cook, Kevin MooibroekLitigation
A British Columbia plastic surgeon successfully sued a former patient for defamation following comments she posted online alleging...
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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
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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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
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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“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
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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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
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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