Blog
Blog
Subpoena issued for political objectives quashed
Monday, March 20, 2023Stephen A. ThieleLitigationPolitical Law, Politicians, Subpoena, Quashed
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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Ontario Lacrosse Association Defeats Competitor’s Motion for Injunction
Monday, February 27, 2023Stephen A. ThieleLitigationMembership, Injunction, Sports Law, Organizations
Competition amongst sporting organizations vying for eligible, talented athletes is commonplace. Accordingly, organizations take steps to...
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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
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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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
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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Former Chamber of Commerce employee’s defamation action allowed to continue
Monday, February 13, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation, Motion Dismissed
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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“Sugar Daddy’s” $226 million action against “Sugar Baby” dismissed
Friday, February 10, 2023Stephen A. ThieleLitigationSummary Judgment, Civil Procedure, Limitation Periods
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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Complaint about changes to Greenbelt Plan against Premier Ford not worthy of inquiry
Friday, January 27, 2023Stephen A. ThieleLitigationPolitical Law, Integrity Commissioner Complaint, Dismissal
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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Freedom of expression prevails in responses to COVID-19 protest organizers’ defamation action
Monday, January 16, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation
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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Court orders removal of Facebook posts under cyber-bullying law
Friday, January 6, 2023Stephen A. ThieleLitigationRemedies, Cyber-bullying, Removal of online posts
The use of social media to threaten, intimidate or harass someone is an obvious cause of concern in our society. Young people are particularly vulnerable to social media harassment or what has...
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Interlocutory injunction denied for failure to provide undertaking in damages
Friday, December 9, 2022Stephen A. Thiele, Alexander Melfi, Rob WintersteinLitigationRules of Civil Procedure, Interlocutory Injunction
An interlocutory injunction is a powerful and drastic remedy which Courts have said should only be granted sparingly. In that regard,...
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Court orders production of subsequent lawyer’s file
Friday, December 2, 2022Stephen A. ThieleLitigationEvidence, Privilege, Solicitor-Client, Waiver
Although solicitor-client privilege is a fundamental civil and legal right belonging to a client, the right is not absolute and...
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Council Resolution Restricting Communications of Councillor Unreasonable and Punitive
Friday, December 2, 2022Stephen A. ThieleLitigationPolitical Law, Remedies, Integrity Commissioner, Judicial Review
Municipal governments are said to have the most influence on the day-to-day lives of residents. Accordingly, city staff and elected representatives, who in Ontario run as independent...
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Defamatory statements made in a pleading are immune to attack
Friday, November 25, 2022Stephen A. ThieleLitigationDefences, Torts, Defamation, Absolute Privilege
The law of defamation permits a defendant to raise specialized defences to defeat a claim. The most common defences are...
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Damages in a defamation action
Friday, November 18, 2022Stephen A. ThieleLitigationDamages, Torts, Defamation
Reputational harm is serious. It can have devastating impacts on the person whose reputation has...
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Female mining executive’s defamation claim against government employee allowed to proceed
Tuesday, November 15, 2022Stephen A. ThieleLitigationTorts, SLAPP, Defamation
Ontario and British Columbia are the only two common law provinces that have anti-SLAPP legislation. This legislation permits the early dismissal of claims that...
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Summons issued against Premier Ford valid but unenforceable because of parliamentary privilege
Monday, November 7, 2022Stephen A. ThieleLitigationPolitical Law, Public Inquiries, Summons, Parliamentary Privilege
There has been much political debate over the past few weeks about Premier Ford’s and Deputy Premier Jones’s refusal to voluntarily testify at the federal public inquiry into...
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75-day house arrest ordered for contempt in a defamation case
Wednesday, November 2, 2022Stephen A. ThieleLitigationTorts, Contempt of Court, Defamation
In a previous blog dated June 30, 2022, my colleague James Cook wrote about the award granted to a university....
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Negligence claim against lawyer who obtained restraining order against a non-party dismissed
Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationNegligence, Professional Liability, Duty of Care, Non-client
Causes of action typically require a plaintiff to prove specific elements in order to succeed. In a claim for negligence, the plaintiff must prove (i) that there was a duty of care owed by...
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City Councillor’s disclosure of confidential material to own lawyer breaches Code of Conduct
Friday, October 21, 2022Stephen A. ThieleLitigationPolitical Law, Member of Council, Breach, Code of Conduct
In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective...
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Pro-life group’s defamation claim against “online protestor” allowed to proceed
Monday, October 17, 2022Stephen A. ThieleLitigationSocial Media, Courts of Justice Act
Social media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and...
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Lessons in a professional liability claim
Tuesday, October 11, 2022Stephen A. Thiele, James R.G. Cook, Eli BordmanLitigationLimitations Act, 2002, Mortgage Brokerages, Lender and Administrators Act
Professional liability actions provide good teaching lessons for future plaintiffs and defendants and their legal representatives. Although a plaintiff may firmly believe that they have a valid cause of...
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Richmond Hill Councillor’s lawsuit is SLAPPed
Monday, August 8, 2022Stephen A. ThieleLitigation
An action that arises out of an expression on a matter of public interest is vulnerable to a motion for dismissal under section 137.1 of the Courts of Justice Act (the “CJA”). Actions against elected
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Inadvertent disclosure and improper use of privileged communications
Thursday, August 4, 2022Stephen A. Thiele, Gavin J. Tighe, James R.G. CookLitigationRules of Professional Conduct
In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of...
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Conspiracy claim against lawyers dismissed
Wednesday, August 3, 2022Stephen A. Thiele, James R.G. Cook, Dara HirbodLitigationRules of Civil Procedure, Fraudulent Conveyances Act
Conspiracy is a complicated tort. In order to succeed in such a claim, a plaintiff is required to establish various elements. Where those elements do not exist, a defendant can bring...
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Statutory immunity and qualified privilege protect City Councillor against night club’s action
Friday, July 29, 2022Stephen A. ThieleLitigationPolitical Law, Torts, Municipal Councillors, Qualified Privilege
In the past few months, I have written a number of blogs about court decisions involving City Councillors. The courts and other processes...
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Losing an anti-SLAPP motion can be costly for a plaintiff
Thursday, July 14, 2022Stephen A. ThieleLitigationCosts, Torts, Anti-SLAPP
The issue of costs is important for parties to take into consideration when litigating a case. Presumptively, winning parties are entitled to...
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Toronto City Councillor knocks out defamation action
Monday, July 4, 2022Stephen A. ThieleLitigationAnti-SLAPP Legislation, Torts
Although politicians continue to be targets of defamation actions, politicians also continue to knock them out under Ontario’s anti-SLAPP...
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Lawyer not vicariously liable to opposite party in failed real estate transaction
Thursday, June 23, 2022Stephen A. Thiele, James R.G. Cook, Daria RisteskaLitigationRules of Civil Procedure, Agreement of Purchase and Sale, Real Estate
There appears to be a growing propensity on the part of litigants to sue the opposite party’s lawyer when a transaction fails or something else...
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City politicians succeed in getting defamation claim against them dismissed
Friday, June 10, 2022Stephen A. ThieleLitigationTorts, Anti-SLAPP
Politics can be a rough profession, particularly where the issues being debated attract diametrically opposed views. Some social issues often bleed into...
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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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Costs for online legal research continue to be scrutinized by the courts
Tuesday, May 10, 2022Stephen A. ThieleCosts, Legal Research, Procedure
When I first entered law school in 1987, Quicklaw was the only online legal research tool available to...
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Could full indemnity costs become the norm in defamation actions?
Monday, May 9, 2022Stephen A. ThieleLitigationCosts, Torts
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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You Can’t Fight City Hall
Tuesday, April 19, 2022Stephen A. ThieleLitigationCourts of Justice Act
There is an old adage that “you can’t fight City Hall”. The phrase originated in the United States to encapsulate the idea that an ordinary person cannot overcome...
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Defendants who denied making impugned defamatory expressions unable to utilize anti-SLAPP law
Wednesday, April 6, 2022Stephen A. ThieleLitigationAnti-SLAPP Legislation, Courts of Justice Act
Anti-SLAPP legislation in British Columbia and Ontario is producing interesting decisions and requiring courts to continue to consider the scope of the legislation. The Supreme Court of Canada...
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Public protest against trucking company not a matter of public interest
Thursday, March 31, 2022Stephen A. ThieleLitigationCourts of Justice Act
Not all public protests are necessarily created equal. While most public protests will be viewed as having a public interest component, some might be viewed as either being...
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Golf game survives homeowners’ request for mandatory interlocutory injunction
Friday, March 25, 2022Stephen A. ThieleLitigationRules of Civil Procedure, Interlocutory Injunction
Owning a home neighbouring a golf course is a desirable thing. A golf course provides significant green space in a neighbourhood, and, among other things, provides an adjacent....
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Credit Reports and the Law of Defamation
Wednesday, March 23, 2022Stephen A. ThieleLitigation
Individuals and businesses are zealously concerned with protecting their respective reputations. Having a stellar reputation can be an important asset. For individuals, a positive reputation...
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Presumptive costs award under anti-SLAPP law granted against Maxime Bernier
Friday, March 18, 2022Stephen A. ThieleLitigationAnti-SLAPP Legislation, Courts of Justice Act
Defamation actions that involve matters of public interest can be risky because under section 137.1 of the Courts of Justice Act (“CJA”) a defendant can
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Election for president of association declared invalid
Monday, March 7, 2022Stephen A. ThieleLitigation
Election law is not confined to political elections. Under corporate law, incorporated companies and voluntary membership associations are generally required to...
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Oppression claim for pre-shareholder conduct against directors and officers allowed to stand
Tuesday, February 15, 2022Stephen A. Thiele, Howard WolchLitigationRules of Civil Procedure
The Rules of Civil Procedure permit a court to strike a claim on the grounds that it discloses no reasonable cause of action. In general, the Court applies a “plain and obvious” test...
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Understanding the Ambassador Bridge injunction against the Freedom Convoy protestors
Tuesday, February 15, 2022Stephen A. ThieleLitigationInjunction, Remedies
As Canada enters the second year of dealing with the COVID-19 pandemic, government restrictions imposed by the federal and provincial governments have led to growing resistance among segments of...
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Courts rejects corporation’s motion to be represented by a consultant
Monday, February 7, 2022Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure
Our justice system is designed to work efficiently and to adhere to the highest principles of integrity. In general, parties appearing before a court must either be represented by a lawyer...
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Jurisdictional Door on the Small Claims Court Slammed Shut for Anti-SLAPP Motions
Friday, January 28, 2022Stephen A. Thiele, Gavin J. Tighe, Daria RisteskaLitigationAnti-SLAPP Legislation, Anti-SLAPP
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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Defamation basics and pre-trial disposition motions
Monday, January 24, 2022Stephen A. ThieleLitigationTorts, Pre-trial Disposition
We have written a lot about defamation cases on this blog and the pre-trial disposition of defamation actions under...
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Watchdog’s defamation action against municipality allowed to continue
Monday, January 17, 2022Stephen A. ThieleLitigationPolitical Law, Torts, SLAPP
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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Divisional Court upholds Integrity Commissioner decision: Councillor’s pay suspended for 270 days
Friday, December 31, 2021Stephen A. ThieleLitigationMunicipal Act, Integrity Complaints
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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Distribution under ambiguous disposition provision in Will made on a per stirpes basis
Wednesday, December 22, 2021Stephen A. Thiele, Howard Wolch, Lindsay Ann Histrop, Eli BordmanLitigationWills, Interpretation
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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Declaration of vacancy of Council member’s seat not stayed pending Councillor’s appeal
Wednesday, December 15, 2021Stephen A. ThieleLitigationMunicipal Conflict of Interest, Stay Pending Appeal
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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Court upholds removal of lawyers who will be witnesses
Monday, December 13, 2021Stephen A. Thiele, Anna Husa, Lauren RakowskiLitigationProfessionals, Lawyers, Removal from the record
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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Self-defence prevails in recreational hockey league stick-swinging incident
Wednesday, December 1, 2021Stephen A. ThieleLitigationHockey, Sports Law, Assault with a weapon, Self-defence
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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City Councillor gets burned for municipal conflict of interest over a matter involving a fire
Monday, November 29, 2021Stephen A. ThieleLitigationPolitical Law, Conflict of Interest, Removal from office
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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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. TigheLitigationTorts, 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...
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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...
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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...
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Lawyer wins $500,000 in defamation action
Thursday, October 28, 2021Stephen A. ThieleLitigationDamages, 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...
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Defamer gets 18 month jail sentence for contempt of court
Thursday, October 21, 2021Stephen A. ThieleLitigationTorts, 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...
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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...
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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...
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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...
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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...
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Sports law and the Competition Act
Monday, September 13, 2021Stephen A. ThieleLitigationSports Law, Competition Act, Professional Sports
Sports law is not just about representing athletes in their contract negotiations with teams, providing advice and legal services on marketing agreements for...
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Court Refuses To Dismiss Claims That Did Not Engage SLAPP Provisions
Wednesday, September 1, 2021Stephen A. ThieleLitigationTorts, SLAPP
Section 137.1 of the Courts of Justice Act (the “CJA”), which permits the dismissal of actions related to an expression made with respect to a matter of public interest, continues to...
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Court finds 500% “penalty” clause enforceable
Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract
In the law of contracts, a penalty is the payment of a stipulated sum on the breach of the contract, irrespective of the damage sustained. In general, where the penalty is...
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Lack of standing prevents challenge to COVID-19 restrictions
Tuesday, August 24, 2021Stephen A. ThieleLitigationCharter, COVID-19, Civil Procedure, Charter Challenge
The COVID-19 pandemic has led to various court challenges in connection with some of the restrictive measures imposed by federal, provincial and...
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Stay refused: Ontario court rules arbitration clause in international commercial contract inoperative
Friday, July 30, 2021Stephen A. Thiele, Howard WolchLitigationArbitration
Courts are not the only place where parties can have their civil disputes resolved. Parties can mutually agree to have their disputes resolved by a mediator or by...
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Facility operator dodges damages award because patron waived liability
Monday, July 26, 2021Stephen A. ThieleLitigationContract Law, Sports Law, Waiver of Liability
Participating in sports is an activity that is encouraged by many. For example, parents enrol their children in a variety of winter and summer sports so that the children can meet and interact...
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Plaintiff Suffers Blow: Punch to Face in Amateur Ice Hockey Game Found to be Not Reasonably Foreseeable
Thursday, July 22, 2021Stephen A. Thiele, James R.G. CookLitigationHockey, Torts, Sports Law
Ice hockey is governed by rules which penalize certain physical infractions, including cross-checking, fighting, hitting from behind, and...
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Wrong for City Councillor to have entered residential properties without permission
Tuesday, July 13, 2021Stephen A. ThieleLitigationPolitical Law, Integrity Complaints, City Councillors
Politicians occupy an important position in our democracy. They are elected to represent all individuals and to make well-reasoned decisions that, among other things, steer and guide the economy, impose necessary limits on behaviour and put into place a social safety net that...
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Claim for online research costs rejected in Ontario commercial proceeding
Monday, July 5, 2021Stephen A. ThieleLitigationCosts, Legal Research
As we have previously written, many courts are extremely reluctant to grant a winning party recovery for online legal research disbursements when making a costs award. A party who seeks the...
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Student-Athletes Prevail in Antitrust Action Against the National Collegiate Athletic Association to Secure Education-Related Benefits
Tuesday, June 29, 2021Stephen A. ThieleLitigationSports Law, College, University, Student Athletes
Last week, in the case of National Collegiate Athletic Association v. Alston et al. 594 U.S., the Supreme Court of the United States unanimously held that the rules of the National Collegiate...
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Tribunal’s independent legal research not procedurally unfair
Thursday, June 24, 2021Stephen A. ThieleLitigationLegal Research, Procedural Fairness, Orders and Judgments
When a judge or an adjudicator renders a decision that is not anchored in the pleadings, evidence, positions or submissions of the parties, appellate courts have overturned the...
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Integrity Commissioner’s ruling against Councillor upheld, but Council cannot unreasonably restrain his ability to communicate with constituents
Tuesday, June 15, 2021Stephen A. ThieleLitigationPolitical Law, Municipal Code of conduct for members
In general, politicians at all levels of government in Canada are required to either adhere to a Code of Conduct or are subject to integrity legislation. These Codes or statutory provisions are designed to...
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Ontario third party advertising provisions held to be unconstitutional
Thursday, June 10, 2021Stephen A. ThieleLitigationThird Party Advertising, Constitutionality
The ability to openly and freely debate political issues is the lifeblood of democracy. There is significant value in people being engaged in issues and voicing their positions to others, including government. However, in the past 20 years...
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Litigant Misses the Cut in Lawsuit After Being Hit in the Head by a Golf Ball
Wednesday, June 9, 2021Stephen A. ThieleLitigationSports, Torts, Negligence, Golf, Sports Law
Spectating a live sporting event is typically an enjoyable experience. Whether in the arena watching a hockey game or on the course taking in a round of golf, there is a general entertainment value that comes with...
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A Judge’s Duty is to Judge
Monday, June 7, 2021Stephen A. ThieleLitigationRules of Civil Procedure, Legal Research
A judge plays many roles, but one of the most important is to render a decision between conflicting parties. In rendering a decision, a judge must...
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COVID-19 increases length of reasonable wrongful termination notice to 24 months
Tuesday, June 1, 2021Stephen A. ThieleLitigation, Employment LawWrongful Dismissal, Reasonable Notice, COVID-19, Wrongful Termination
COVID-19 has had a devastating impact on our economy. Some businesses have gone bankrupt, while others have simply closed down forever. Many people have seen their work hours reduced, while others...
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Summary judgment denied over defamatory TV show first aired in Pakistan
Tuesday, May 25, 2021Stephen A. ThieleLitigationSummary Judgment, Libel, Slander, Torts
Ontario’s Rules of Civil Procedure provide that where there is no genuine issue requiring a trial, summary judgment shall be granted. It has been determined by Ontario courts that this rule is...
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Nova Scotia court prevents anti-masking protest from happening
Thursday, May 20, 2021Stephen A. ThieleLitigation, InjunctionsCOVID-19, Remedies
This past weekend, despite Ontario’s stay-at-home order, there were two major public protests in Toronto. On late Saturday afternoon (May 15th) an estimated crowd of...
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$500,000 in damages awarded for comments about yellow Ferrari’s ownership
Friday, May 14, 2021Stephen A. ThieleLitigationDamages, Torts
Cars are a tremendous invention. Historically, among other things, cars changed the way that people travelled and reduced significantly the travel time between destinations. Cars are certainly very popular and...
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Injunction granted to stop defamatory posts published on Instagram
Friday, April 30, 2021Stephen A. ThieleLitigationTorts, Injunction
Social media is a great tool for, among other things, the promotion of personal or business interests, or connecting with like-minded individuals. It provides a window to...
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Recovering Online Legal Research Disbursements
Wednesday, April 21, 2021Stephen A. ThieleLitigationLegal Research, Disbursements
In previous blogs, I have written about the careful scrutiny given by courts to claims for costs for online legal research incurred during a proceeding. In most instances, the claims have either been disallowed or...
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Gratuitous Defamatory Tweets About Plaintiff Not Protected as a Matter of Public Interest
Monday, April 5, 2021Stephen A. ThieleLitigationTorts, Pre-trial Disposition, SLAPP
The internet and social media have spawned much civil litigation in the area of defamation. There is no cost to obtaining a Twitter account, for example, and to “tweeting” out a...
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Federal Conservative Party Member Wins Pyrrhic Court Victory: Loses in Party Election
Friday, March 26, 2021Stephen A. ThieleLitigationContract Law, Political Law, Contractual Rights, Political Parties, Membership
I preface this political law blog with the full disclosure that although I am involved in party politics, I am not a member of any federal political party in Canada...
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Motion to enjoin hotel quarantine law denied
Wednesday, March 24, 2021Stephen A. ThieleConstitutional Law, Litigation, Charter of Rights and FreedomsCOVID-19, Interim Injunction
The COVID-19 pandemic has caused our governments to implement laws aimed at stopping the spread of the virus. While many of those laws arguably have a minimal effect or none at all on...
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A Victory for Freedom of Speech
Monday, March 15, 2021Stephen A. ThieleLitigationFreedom of Expression, Canadian Charter of Rights and Freedoms, Political Law
The framers of the U.S. Constitution wrote that government “shall make no law…abridging the freedom of speech.” Although these words were written in the context of...
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Correcting some misconceptions about online legal research costs
Monday, March 8, 2021Stephen A. ThieleLitigationCosts, Legal Research, Online Searches
The greatest revolution in law over the last 30 years has been the ability to access case law and secondary sources online. When I started law school at...
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Defaming a professional can be costly
Wednesday, March 3, 2021Stephen A. ThieleLitigationAlberta, Advertising, Alberta Dental Association
The law of defamation is unique in that general damages are awarded at-large. There is no upper ceiling for an award and there is little value to be gained in attempting to compare...
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The judicial rant heard around the legal profession: a legal research lesson
Saturday, February 27, 2021Stephen A. ThieleLitigationRules of Civil Procedure, Legal Research, Civil Procedure, Transfer Motion
As we approach the one year anniversary of Ontario’s declaration of a state of emergency because of Covid-19 pandemic, the stresses and strains caused by the lockdown can be seen and...
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Reputation can be everything
Thursday, February 25, 2021Stephen A. ThieleLitigation
The tort of defamation is all about the protection of a person’s reputation. Where a person suffers a loss of reputation because of words spoken or published about...
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God’s law is not supraconstitutional
Monday, February 22, 2021Stephen A. ThieleLitigationGod's Law, Bible
Although Part 1 of Canada’s Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11 references “the supremacy of God”, this...
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You can’t play dress up with a defamation action
Thursday, February 18, 2021Stephen A. ThieleLitigationSlander
The law of defamation is subject to many strict rules, which may vary from province-to-province under respective special libel and slander...
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Legal research in costs awards
Tuesday, February 16, 2021Stephen A. ThieleLitigationCosts, Legal Research, Civil Litigation
Despite its importance, legal research is often a line item that comes under close scrutiny when a court awards costs to a...
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Criminal proceedings and the civil defamation claim: A limitation period lesson
Friday, February 5, 2021Stephen A. ThieleLitigationOntario Court of Appeal , Limitations Act
In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from...
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Disgorgement of profits could be a potential remedy in a defamation action
Tuesday, February 2, 2021Stephen A. ThieleLitigationBritish Columbia, Damages
Remedies are an important aspect of any case. In the law of defamation, the usual remedy sought by most plaintiffs is general damages for reputational harm. In a defamation case...
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Limitation period avoided: Claims of republication of libel by third party allowed to be added action because stories were on internet
Monday, February 1, 2021Stephen A. ThieleLitigationTorts, Republication, Limitation Periods
Across the country, limitation periods have been enacted to regulate the time in which an action can be commenced. Defendants are entitled to finality, and...
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Defamation action against Ontario Premier dismissed under Courts of Justice Act
Thursday, January 28, 2021Stephen A. Thiele, Gavin J. TigheLitigationPolice Services Act, Members’ Integrity Act, Courts of Justice Act, Political Law
Early last year, the Premier of Ontario, Doug Ford, in a highly sensationalized lawsuit was sued for defamation by a former Deputy Commissioner and...
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Patrick Brown takes down insurance company
Wednesday, January 27, 2021Stephen A. ThieleLitigationPolitical Law, Insurance Law
An issue that sometimes arises in defamation actions is whether the costs of a prosecution or a defence is covered by an insurance...
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Defamation suit surrounding BC’s foreign buyer tax is dismissed
Monday, January 25, 2021Stephen A. ThieleLitigationDefences, Political Law, Torts
The law of defamation is fascinating because the fact scenarios of each case are unique. Where matters of public interest are involved, people are prone to express opinions about the...
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Plaintiffs who started debate on matters of public interest have defamation claim dismissed
Wednesday, January 20, 2021Stephen A. ThieleLitigationDefences
Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often...
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President of Queen’s Privy Council for Canada to be an “adverse witness” in potato farmer’s case
Friday, January 15, 2021Stephen A. ThieleLitigationEvidence, Witnesses, Political Law, Adverse Witness
The examination of witnesses at a trial is governed by certain basic rules. For a witness who is being questioned by the side for which that person is a...
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Former Agriculture Minister Not Required to Testify
Friday, January 8, 2021Stephen A. ThieleLitigationCivil Litigation, Evidence, Witnesses, Political Law, Interprovincial Summonses Act
Despite courts moving to electronic hearings whereby theoretically a witness could appear virtually from anywhere...
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Recent Treatment of Letters of Request from U.S. Courts by the Ontario Court of Appeal
Monday, January 4, 2021Stephen A. Thiele, James R.G. CookLitigationOntario Court of Appeal , Letters of Request, Ontario Evidence Act
As a result of the highly integrated economies and efficient cross-border movement between Canada and the United States (at least prior to the 2020 pandemic), the courts in each country frequently seek each other’s...
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Housing construction project turned sour results in personal liability and dismissal of defamation claim
Monday, December 28, 2020Stephen A. ThieleLitigation, Real EstateAlberta, Construction , Fraud, Dream Home, Kickbacks
Although building a house can take much planning and hard work in securing a developer, labour and material, it is meant to be a joyous exercise which...
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Election law’s substantive approach applies to judicial recounts
Thursday, December 24, 2020Stephen A. ThieleLitigation
Over eight years ago, the Supreme Court of Canada in Opitz v. Wrzesnewskyj, 2012 SCC 55 rejected a bid to overturn a close election result under a contested election application by applying a...
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Legal research and the duty to disclose relevant law
Monday, December 21, 2020Stephen A. ThieleLitigationDisciplinary Hearing, Rules of Professional Conduct, Research, Ethics, Law Society of Ontario, Legal Research
Legal research is important. In general, every legal issue requires some form of legal research because each legal issue is informed either by...
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The frailties of online legal research: the words “and” and “or”
Monday, December 14, 2020Stephen A. ThieleLitigationCOVID-19, Research, Quicklaw, CanLII, NextCanada, Lexis Advance
I have been a legal research lawyer for almost 30 years. When I started law school in 1987 the use of laptops to take notes in lectures was completely unknown. Our first year legal research and writing class was based...
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Who is that guy? A lesson in the law of defamation
Wednesday, December 9, 2020Stephen A. ThieleLitigationSupreme Court of Canada
The law of defamation is about protecting a person’s reputation. Accordingly, as determined by the Supreme Court of Canada in the seminal case of...
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Partial shutdown of business does not preclude business interruption claim
Wednesday, October 7, 2020Stephen A. Thiele, James R.G. CookLitigation, Insurance ActCOVID-19, Business Interruption Loss Policy
As we head into the seventh month of the artificial economic lockdown ordered by Canadian governments at all levels and brace ourselves for the second wave of the COVID-19 pandemic, businesses in multiple sectors continue to seek compensation from their...
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Business Interruption Insurance in the Time of COVID-19: Some Recent Judicial Consideration
Monday, September 21, 2020Stephen A. Thiele, James R.G. Cook, Eli BordmanLitigation, Insolvency law, Insurance Act, Bankruptcy and InsolvencyOntario, COVID-19, Business Interruption Loss Policy, Ontario Business Loss Coverage Litigation, Financial Conduct Authority, Disease Clauses, Prevention of Access Clauses
The COVID-19 pandemic has caused a significant slowdown in many sectors of the economy, forcing businesses to either seek creditor protection or...
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Ontario Suspends Commercial Tenant Evictions
Friday, June 19, 2020Stephen A. Thiele, Gavin J. TigheLitigationOntario Government, COVID-19, Bill 192 - Protecting Small Business Act, Commercial Tenancies Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Landlord
In the wake of the COVID-19 pandemic, governments around the world have implemented physical distancing measures to “flatten the curve”.
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The Ontario government continues to modernize the way in which documents can be executed and sworn
Thursday, May 14, 2020Stephen A. Thiele, Lindsay Ann Histrop, Jennifer SearleBusiness Law, Corporate LawCOVID-19, Wills, Powers of Attorney, State of Emergency, Bill 190, Notaries Act, Commissioner for Taking Affidavits Act
The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with our technological world.
On May 12, 2020, the Ontario government passed Bill 190, the COVID-19 Response and Reforms to Modernize Ontario Act, 2020.
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Ontario re-opening for business: A gradual approach
Thursday, May 7, 2020Stephen A. Thiele, Gavin J. TigheLitigationOntario, Ontario Government, COVID-19, State of Emergency
With Victoria Day a little more than a week away and people experiencing a growing urge to return to pre-COVID-19 routines, many governments, including the Ontario government, have...
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A CERB Application Update
Monday, April 6, 2020Stephen A. ThieleLitigationCanada Emergency Response Benefit (CERB), COVID-19, Canada Revenue Agency (CRA)
On Friday, April 3rd, 2020, the Government of Canada released a comprehensive question and answer resource on the Canada Emergency Response Benefit. Specifically, eligibility requirements and the application process was clarified
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Ontario expands non-essential business closures
Saturday, April 4, 2020Stephen A. ThieleLitigationHealthcare, Ontario, Infectious Diseases Emergencies, Infectious Diseases, COVID-19
On April 3, 2020, the Ontario government expanded the list of non-essential businesses that will be required to close while the province courageously battles to control the spread of COVID-19.
Under Regulation 82/20, the Ontario government had previously provided a list of businesses that it had deemed essential and that could remain open during the current health emergency.
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Novel Coronavirus (COVID-19) Update: Federal and Provincial Government Relief Measures Available to Businesses
Thursday, April 2, 2020Stephen A. ThieleLitigation, Business LawCoronavirus, COVID-19, Layoffs, Wage Subsidy, Work-Sharing Program Extensions, Business Credit Availability Program (BCAP), Workplace Safety and Insurance Board (WSIB)
This blog will provide an overview of the most significant federal and provincial relief measures to assist businesses and entrepreneurs in the face of the unique and pressing challenges presented by the current COVID-19 pandemic.
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The other side of MeToo
Tuesday, February 20, 2018Stephen A. ThieleLitigation
The #MeToo movement has started a revolution. No longer are women, in particular, afraid to speak about incidents in which they have...
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Where will marijuana laws end up?
Tuesday, August 15, 2017Stephen A. ThieleLitigationGeneral Interest, Marijuana, Ontario, Mental Health
As Canada prepares to legalize marijuana next July, questions remain about the restrictions that will be put on this drug.
In a recent position paper released by the Ontario wing of the Canadian Mental Health Association, it is...
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Is Canada Day celebration controversy worth breach of contract claim?
Wednesday, July 5, 2017Stephen A. ThieleLitigation, Employment LawToronto, Toronto Politics, Termination, Ontario, Canada Day
On July 1, 2017, Canada turned 150 years old. All across the nation, public and private organizers...
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Missing Comma May Prove Costly
Wednesday, March 15, 2017Stephen A. ThieleLitigationGeneral Interest
Good legal writing is an important skill.
The failure to properly draft a contract or a legislative provision can have significant...
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Collecting legal fees: The Small Claims Court is back in business
Wednesday, January 18, 2017Stephen A. ThieleLitigation, Solicitors ActSmall Claims Court, Legal Fees
For the past few years, the courts have grappled with the issue of whether the Small Claims Court has jurisdiction to hear cases about the collection of unpaid legal fees. First, a court determined that...
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Check Before You Rent
Wednesday, December 14, 2016Stephen A. ThieleLitigation, Real EstateTenant, Condominium, Rental Property
With Toronto still in the middle of a condominium boom and more people buying condominium units for investment purposes, particularly for short-term rentals, it is important to review both the...
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What’s in a name? Everything if it is a registered Trade-mark!
Wednesday, December 7, 2016Stephen A. ThieleLitigation, Intellectual Property, Common LawCopyright, Trademarks, NHL, Hockey, Las Vegas, Nevada, Sports, Vegas Golden Knights
At the end of November, the new National Hockey League franchise awarded to Las Vegas unveiled, along with a logo, that the team would be named the...
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Lessons from the Dreamworld Crisis
Wednesday, November 2, 2016Stephen A. ThieleLitigation
Last week, 4 adults were killed at the Dreamworld Amusement Park in Australia when they were thrown from a family-friendly, river-raft ride onto a conveyor belt. Media reports indicated that...
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Civil Liability for STDs and Jurisdiction
Wednesday, October 5, 2016Stephen A. ThieleLitigation, Civil LawBaseball, Civil Liability
On October 4, 2016, Toronto Blue Jays first baseman Edwin Encarnacion hit a dramatic three-run homerun to lift his team past the Baltimore Orioles in their...
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Pokemon “No!”
Wednesday, August 17, 2016Stephen A. ThieleMunicipal Law, Criminal Code, LitigationGeneral Interest, Mobile Phones, Technology
The proliferation of iPhones, iPads, androids and other personal technology devices has also resulted in the growth of online games for both the young and old. It is difficult to watch television without...
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Toronto Police Arrest Nearly 100 In Marijuana Raids
Wednesday, June 1, 2016Stephen A. ThieleLitigationMarijuana, Charter
Toronto police and the City of Toronto licensing and standards officers carried out dozens of search warrants of marijuana dispensaries and arrested nearly 100 people.
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