Blog

Blog

6 May

Harvey Weinstein and the Law of Similar Fact Evidence (The People v. Weinstein)

Monday, May 6, 2024Stephen A. ThieleLitigationEvidence, Admissibility, Similar facts

SHARE:

#MeToo is a social movement that gained prominence beginning in 2017. The purpose of the movement is to campaign against sexual abuse, sexual harassment and rape culture...

Read the full post, click here.

29 Apr

Bank hit with $850,000 damages award for defaming former employee (Curtis v. Bank of Nova Scotia)

Monday, April 29, 2024Stephen A. ThieleLitigationTorts, Defamation, Evidence, Damages

SHARE:

In any civil action, evidence is important for the purposes of either proving or defending against a claim. While in most cases, the... 

Read the full post, click here.

12 Apr

The failure to prove publication is fatal to a defamation claim (Knight v. Sunshine Coast Campground Group Ltd.)

Friday, April 12, 2024Stephen A. ThieleLitigationTorts, Defamation, Publication

SHARE:

My purpose in writing law blogs is to educate the reader about the legal issues reviewed in court decisions in a way...

Read the full post, click here.

3 Apr

No reasonable cause of action for alleged defamation protected by absolute privilege (Lopinski v. Raji)

Wednesday, April 3, 2024Stephen A. ThieleLitigationDefamation, Absolute Privilege, Defences

SHARE:

Regular followers of my blogs will probably have recognized that they often feature defamation cases and...

Read the full post, click here.

22 Mar

Can an undischarged bankrupt start a lawsuit without notifying his trustee in bankruptcy? (Little v. Bramcan Investments Ltd.)

Friday, March 22, 2024Stephen A. Thiele, Noah Bonis CharancleLitigationTransportation & Logistics, Bankruptcy and Insolvency Act, Insolvency, Rules of Civil Procedure

SHARE:

Can an undischarged bankrupt bring a lawsuit in his own name without notifying his trustee in bankruptcy? In Little v. Bramcan Investments Ltd2024 ONSC 1485 (CanLII), the Ontario...

Read the full post, click here.

15 Mar

Lawyer ordered to pay costs for citing fake cases in court material (Zhang v. Chen)

Friday, March 15, 2024Stephen A. ThieleLitigationCivil procedure – Costs = Lawyers = Personal costs, Ethics – Lawyers = Legal research – Artificial intelligence

SHARE:

“The risks of using ChatGPT and other similar tools for legal purposes was recently quantified in a January 2024 study: Matthew...

Read the full post, click here.

26 Feb

Defamation action against family members of nursing home resident dismissed (Fiddick Nursing Home Ltd. v. Moore)

Monday, February 26, 2024Stephen A. ThieleLitigationTorts, Defamation, Anti-SLAPP, Dismissal of Action

SHARE:

The COVID-19 pandemic resulted in a lot of media coverage about the care provided to seniors in nursing homes. Seniors were...

Read the full post, click here.

6 Feb

Cabinet mandate letters protected from disclosure (Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner))

Tuesday, February 6, 2024Stephen A. ThieleLitigationPrivacy, Freedom of Information, Cabinet Records, Exemptions

SHARE:

Democracy is a delicate form of government because it constantly tests the outer limits on multiple policies and...

Read the full post, click here.

1 Feb

Recreational vehicle liability (Desrochers v. McGinnis)

Thursday, February 1, 2024Stephen A. ThieleLitigationRecreational vehicles, Motor vehicles, Liability, Owner

SHARE:

Vehicles, such as all-terrain vehicles (“ATV”), Skidoos, Jet Skis and SeaDoos, have both practical and...

Read the full post, click here.

22 Jan

Lawyers Should be Prepared at Case Conferences (Think Research Corp. v. N & M Medical Enterprises)

Monday, January 22, 2024Stephen A. ThieleLitigationCivil Procedure, Powers, Judges and Courts, Case Conferences

SHARE:

The backlog of cases in Ontario’s civil justice system has, for some time, raised alarms about the health of this important democratic institution and...

Read the full post, click here.

18 Jan

Maintaining your reputation in the practice of law (Modabber v. Kermanshahani)

Thursday, January 18, 2024Stephen A. ThieleLitigationLegal Ethics, Reputation, Duty of Lawyers

SHARE:

A good reputation is critical to most professions, especially the legal profession. The law of defamation, which we...

Read the full post, click here.

9 Jan
7 Dec

Court finds that first-past-the-post electoral system is constitutional (Fair Voting BC v. Canada (Attorney General))

Thursday, December 7, 2023Stephen A. ThieleLitigationPolitical Law, Elections, Charter, Election System, Right To Vote

SHARE:

Canada’s federal elections, and the elections in most provinces and municipalities, are contested under a first-past-the-post or single member...

Read the full post, click here.

21 Nov

Challenge to validity of Mayor Chow’s election dismissed (Clarke v. Toronto (City))

Tuesday, November 21, 2023Stephen A. ThieleLitigationCivil Procedure, Frivolous or vexatious proceedings, Dismissal and Political law, Elections, Validity

SHARE:

Not every election is necessarily final after the ballots are counted on election night. Sometimes, the margin of victory is extremely close and...

Read the full post, click here.

23 Oct

Bona fide complaints to police are matters of public interest (Zeppa v. Rea)

Monday, October 23, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Matter of Public Interest

SHARE:

When a person believes that someone has committed a crime, it is, of course, perfectly reasonable that they...

Read the full post, click here.

19 Sep

Defamation action against “consumer alert” reporter dismissed (Boraks v. Hussein)

Tuesday, September 19, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Dismissal of Action

SHARE:

In general, ordinary consumers of goods and services are viewed as a vulnerable class. While in certain circumstances, consumers can be protected by...

Read the full post, click here.

18 Aug

Court of Appeal upholds dismissal of anti-SLAPP motion in trucking protest case (2110120 Ontario Inc. v. Buttar)

Friday, August 18, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP Motion, Dismissed

SHARE:

Last April, I wrote a blog about a motion judge’s decision to dismiss an anti-SLAPP motion in a trucking protest case on the grounds that the dispute between the parties...

Read the full post, click here.

14 Aug

AirBnB unit not covered under residential tenancy law

Monday, August 14, 2023Stephen A. ThieleLitigationResidential Tenancy, Exemptions, Landlord and Tenant

SHARE:

A vacationer has a variety of accommodation options when travelling in a foreign destination. A vacationer might...

Read the full post, click here.

1 Aug

Torts that Might Apply in a Dispute Between Neighbours in a Condominium (Novakovic v. Salvador)

Tuesday, August 1, 2023Stephen A. ThieleLitigationTorts, Defamation

SHARE:

Part of the purpose of our blogs is to help educate the reader about the law and the tests that apply to various causes of... 

Read the full post, click here.

27 Jul

A Lawyer’s Office is not a Drop Box for Service (Yuk-Shum v. Jiang)

Thursday, July 27, 2023Stephen A. ThieleLitigationTorts, Defamation, Procedure, Notice

SHARE:

Service of an originating process, like a statement of claim, or other court documents is, in general, governed by the...

Read the full post, click here.

24 Jul

The law of defamation in a nutshell (Stratuscent Inc. v. Chehade)

Monday, July 24, 2023Stephen A. ThieleLitigationDefamation, Torts, Remedies, Injunction

SHARE:

Over the past few years, we have written a lot of blogs on the law of defamation...

Read the full post, click here.

17 Jul

Use of a thumbs-up emoji creates a valid and binding contract

Monday, July 17, 2023Stephen A. ThieleLitigationContracts, Formation, Acceptance, Electronic Signature

SHARE:

In a groundbreaking legal ruling, a Saskatchewan court has recognized that a thumbs-up emoji (👍) can be a... 

Read the full post, click here.

6 Jul

$50,000 costs guideline for successful anti-SLAPP motion not applied again

Thursday, July 6, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Costs

SHARE:

As we have written before, Canada’s civil court system is “a loser pays” jurisdiction. In general, a party that loses a motion or...

Read the full post, click here.

23 Jun

Ontario action against national law firm stayed in favour of Alberta

Friday, June 23, 2023Stephen A. Thiele, Gavin J. Tighe, K.C., Allison FarleyLitigationCivil Procedure, Stay of Proceedings, Forum Selection Clause, Forum Non Conveniens

SHARE:

A plaintiff has the right to commence a proceeding in a jurisdiction of their choosing. However, this right is not absolute. Where the issues in the proceeding are...

Read the full post, click here.

12 Jun

“Chilling effect” on a plaintiff or others not grounds for harm on an anti-SLAPP motion

Monday, June 12, 2023Stephen A. Thiele, Michael LauricellaLitigationTorts, Defamation, Anti-SLAPP

SHARE:

Since 2020, two Supreme Court of Canada cases have guided the analysis of anti-SLAPP motions in Ontario and...

Read the full post, click here.

1 Jun

Another negligence claim against lawyer dismissed for being a collateral attack

Thursday, June 1, 2023Stephen A. Thiele, Gavin J. Tighe, K.C., Kevin MooibroekLitigationCivil Procedure, Dismissal of Action, Collateral Attack

SHARE:

Unless a decision is overturned on an appeal, the issues decided therein have been finally determined. In general, a party impacted by a final decision... 

Read the full post, click here.

30 May

Lawyers face court sanction for relying on “bogus” cases produced by ChatGPT

Tuesday, May 30, 2023Stephen A. ThieleLitigationEthics, Legal Research , Chatbot Research

SHARE:

Artificial intelligence has been defined as “the simulation of human intelligence in machines that are programmed to think and act like humans.” In the practice of law,...

Read the full post, click here.

6 Apr

Canada Soccer Loses Bid to Stay Arbitration Award

Thursday, April 6, 2023Stephen A. Thiele, Michael LauricellaLitigationProfessional Sports, Sports Law, Sports, Arbitration

SHARE:

Arbitration provides parties with an accessible and effective resolution mechanism to resolve disputes outside of the...

Read the full post, click here.

27 Feb

Ontario Lacrosse Association Defeats Competitor’s Motion for Injunction

Monday, February 27, 2023Stephen A. Thiele, Michael LauricellaLitigationMembership, Injunction, Sports Law, Organizations

SHARE:

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

Read the full post, click here.

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

SHARE:

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...

Read the full post, click here.

17 Feb

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

Friday, February 17, 2023Stephen A. ThieleLitigationContracts

SHARE:

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...

Read the full post, click here.

13 Feb

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

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

SHARE:

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...

Read the full post, click here.

10 Feb

"Sugar Daddy's" $226 million action against "Sugar Baby" dismissed

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

SHARE:

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...

Read the full post, click here.

27 Jan

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

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

SHARE:

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

Read the full post, click here.

16 Jan

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

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

SHARE:

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...

Read the full post, click here.

6 Jan

Court orders removal of Facebook posts under cyber-bullying law

Friday, January 6, 2023Stephen A. ThieleLitigationRemedies, Cyber-bullying, Removal of online posts

SHARE:

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...

Read the full post, click here.

9 Dec

Interlocutory injunction denied for failure to provide undertaking in damages

Friday, December 9, 2022Stephen A. Thiele, Alexander Melfi, Rob WintersteinLitigationRules of Civil Procedure

SHARE:

An interlocutory injunction is a powerful and drastic remedy which Courts have said should only be granted sparingly. In that regard,...

Read the full post, click here.

2 Dec

Court orders production of subsequent lawyer's file

Friday, December 2, 2022Stephen A. ThieleLitigation

SHARE:

Although solicitor-client privilege is a fundamental civil and legal right belonging to a client, the right is not absolute and...

Read the full post, click here.

2 Dec

Council Resolution Restricting Communications of Councillor Unreasonable and Punitive

Friday, December 2, 2022Stephen A. ThieleLitigationFunds, Remedies, Integrity Commissioner, Judicial Review

SHARE:

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...

Read the full post, click here.

25 Nov

Defamatory statements made in a pleading are immune to attack

Friday, November 25, 2022Stephen A. ThieleLitigationDefences, Torts, Defamation, Absolute Privilege

SHARE:

The law of defamation permits a defendant to raise specialized defences to defeat a claim. The most common defences are...

Read the full post, click here.

18 Nov

Damages in a defamation action

Friday, November 18, 2022Stephen A. ThieleLitigationDamages, Torts, Defamation

SHARE:

Reputational harm is serious. It can have devastating impacts on the person whose reputation has...

Read the full post, click here.

15 Nov

Female mining executive’s defamation claim against government employee allowed to proceed

Tuesday, November 15, 2022Stephen A. ThieleLitigationTorts, SLAPP, Defamation

SHARE:

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...

Read the full post, click here.

7 Nov

Summons issued against Premier Ford valid but unenforceable because of parliamentary privilege

Monday, November 7, 2022Stephen A. ThieleLitigationPolitical Law, Public Inquiries, Summons, Parliamentary Privilege

SHARE:

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...

Read the full post, click here.

2 Nov

75-day house arrest ordered for contempt in a defamation case

Wednesday, November 2, 2022Stephen A. ThieleLitigationTorts, Contempt of Court, Defamation

SHARE:

In a previous blog dated June 30, 2022, my colleague James Cook wrote about the award granted to a university instructor who was defamed on Twitter by ...

Read the full post, click here.

27 Oct

Negligence claim against lawyer who obtained restraining order against a non-party dismissed

Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationNegligence, Professional Liability, Duty of Care, Non-client

SHARE:

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...

Read the full post, click here.

21 Oct

City Councillor’s disclosure of confidential material to own lawyer breaches Code of Conduct

Friday, October 21, 2022Stephen A. ThieleLitigationPolitical Law

SHARE:

In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective...

Read the full post, click here.

17 Oct

Pro-life group's defamation claim against "online protestor" allowed to proceed

Monday, October 17, 2022Stephen A. ThieleLitigationSocial Media, Courts of Justice Act

SHARE:

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...

Read the full post, click here.

11 Oct

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

SHARE:

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...

Read the full post, click here.

8 Aug

Richmond Hill Councillor's lawsuit is SLAPPed

Monday, August 8, 2022Stephen A. ThieleLitigation

SHARE:

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

Read the full post, click here.

4 Aug

Inadvertent disclosure and improper use of privileged communications

Thursday, August 4, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., James R.G. CookLitigationRules of Professional Conduct

SHARE:

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...

Read the full post, click here.

3 Aug

Conspiracy claim against lawyers dismissed

Wednesday, August 3, 2022Stephen A. Thiele, James R.G. Cook, Dara HirbodLitigationRules of Civil Procedure, Fraudulent Conveyances Act

SHARE:

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...

Read the full post, click here.

29 Jul

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

SHARE:

In the past few months, I have written a number of blogs about court decisions involving City Councillors. The courts and other processes...

Read the full post, click here.

14 Jul

Losing an anti-SLAPP motion can be costly for a plaintiff

Thursday, July 14, 2022Stephen A. ThieleLitigationCosts, Defamation, Torts, Anti-SLAPP

SHARE:

The issue of costs is important for parties to take into consideration when litigating a case. Presumptively, winning parties are entitled to...

Read the full post, click here.

4 Jul

Toronto City Councillor knocks out defamation action

Monday, July 4, 2022Stephen A. ThieleLitigationDefamation, Anti-SLAPP Legislation, Torts

SHARE:

Although politicians continue to be targets of defamation actions, politicians also continue to knock them out under Ontario’s anti-SLAPP...

Read the full post, click here.

23 Jun

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

SHARE:

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...

Read the full post, click here.

10 Jun

City politicians succeed in getting defamation claim against them dismissed

Friday, June 10, 2022Stephen A. ThieleLitigationDefamation, Torts, Anti-SLAPP

SHARE:

Politics can be a rough profession, particularly where the issues being debated attract diametrically opposed views. Some social issues often bleed into...

Read the full post, click here.

1 Jun

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

Wednesday, June 1, 2022Stephen A. Thiele, James R.G. Cook, Kevin MooibroekLitigationRules of Professional Conduct

SHARE:

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...

Read the full post, click here.

10 May

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

Tuesday, May 10, 2022Stephen A. ThieleLitigationCosts, Legal Research

SHARE:

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

Read the full post, click here.

9 May

Could full indemnity costs become the norm in defamation actions?

Monday, May 9, 2022Stephen A. ThieleLitigationCosts, Torts

SHARE:

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 ...

Read the full post, click here.

31 Mar

Public protest against trucking company not a matter of public interest

Thursday, March 31, 2022Stephen A. ThieleLitigationCourts of Justice Act

SHARE:

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 ...

Read the full post, click here.

25 Mar

Golf game survives homeowners’ request for mandatory interlocutory injunction

Friday, March 25, 2022Stephen A. ThieleLitigationRules of Civil Procedure, Interlocutory Injunction

SHARE:

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 homeowner with ...

Read the full post, click here.

23 Mar

Credit Reports and the Law of Defamation

Wednesday, March 23, 2022Stephen A. ThieleLitigation

SHARE:

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 is important for ...

Read the full post, click here.

18 Mar
7 Feb

Courts rejects corporation’s motion to be represented by a consultant

Monday, February 7, 2022Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure

SHARE:

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...

Read the full post, click here.

28 Jan

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

Friday, January 28, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., Daria RisteskaLitigationAnti-SLAPP Legislation, Anti-SLAPP

SHARE:

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 ...

Read the full post, click here.

24 Jan

Defamation basics and pre-trial disposition motions

Monday, January 24, 2022Stephen A. ThieleLitigationDefamation, Torts, Pre-trial Disposition

SHARE:

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

Read the full post, click here.

17 Jan

Watchdog’s defamation action against municipality allowed to continue

Monday, January 17, 2022Stephen A. ThieleLitigationPolitical Law, Torts, SLAPP

SHARE:

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

Read the full post, click here.

31 Dec

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

Friday, December 31, 2021Stephen A. ThieleLitigationMunicipal Act, Integrity Complaints

SHARE:

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...

Read the full post, click here.

22 Dec

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 BordmanLitigation, Estate PlanningWills, Interpretation

SHARE:

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,...

Read the full post, click here.

15 Dec

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

Wednesday, December 15, 2021Stephen A. ThieleLitigation, Political LawMunicipal Conflict of Interest, Stay Pending Appeal

SHARE:

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...

Read the full post, click here.

14 Dec

Court sets aside non-competition injunction

Tuesday, December 14, 2021Stephen A. Thiele, Howard WolchLitigationInjunction, Non-competition injunction

SHARE:

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...

Read the full post, click here.

13 Dec

Court upholds removal of lawyers who will be witnesses

Monday, December 13, 2021Stephen A. Thiele, Anna Husa, Lauren RakowskiLitigationProfessionals, Lawyers, Removal from the record

SHARE:

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...

Read the full post, click here.

1 Dec

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

Wednesday, December 1, 2021Stephen A. ThieleLitigationHockey, Sports Law, Assault with a weapon, Self-defence

SHARE:

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...

Read the full post, click here.

29 Nov

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

SHARE:

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

Read the full post, click here.

26 Nov

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. Tighe, K.C.LitigationDefamation, Torts, SLAPP

SHARE:

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...

Read the full post, click here.

2 Nov

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

SHARE:

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...

Read the full post, click here.

1 Nov

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

Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationRules of Civil Procedure, Real Estate

SHARE:

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

Read the full post, click here.

28 Oct

Lawyer wins $500,000 in defamation action

Thursday, October 28, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts

SHARE:

Damage awards in a defamation case can be significant. This is especially the case where...

Read the full post, click here.

21 Oct

Defamer gets 18 month jail sentence for contempt of court

Thursday, October 21, 2021Stephen A. ThieleLitigationDefamation, Torts, Remedies, Contempt of Court

SHARE:

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...

Read the full post, click here.

15 Oct

Incorrect Counting of Unused Ballots Results in Judicial Recount

Friday, October 15, 2021Stephen A. ThieleLitigationPolitical Law, Election Law, Recounts

SHARE:

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...

Read the full post, click here.

4 Oct

Supreme Court of Canada upholds reduction in size of Toronto's City Council

Monday, October 4, 2021Stephen A. Thiele, Gavin J. Tighe, K.C., James R.G. CookLitigationToronto Politics, Supreme Court of Canada, City Councillors

SHARE:

In Canada’s recent federal election, voters demonstrated a passion for democracy and were willing to stand in long line-ups to exercise their...

Read the full post, click here.

30 Sep

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

SHARE:

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...

Read the full post, click here.

20 Sep

Restrictive covenants and short-term vacation rentals

Monday, September 20, 2021Stephen A. ThieleLitigation, Real EstateCondominium, Restrictive Covenant, Short-term vacation rentals

SHARE:

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...

Read the full post, click here.

13 Sep

Sports law and the Competition Act

Monday, September 13, 2021Stephen A. ThieleLitigationSports Law, Competition Act, Professional Sports

SHARE:

Sports law is not just about representing athletes in their contract negotiations with teams, providing advice and legal services on marketing agreements for...

Read the full post, click here.

1 Sep

Court Refuses To Dismiss Claims That Did Not Engage SLAPP Provisions

Wednesday, September 1, 2021Stephen A. ThieleLitigationTorts, Defamation, SLAPP

SHARE:

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...

Read the full post, click here.

26 Aug

Court finds 500% “penalty” clause enforceable

Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract

SHARE:

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...

Read the full post, click here.

24 Aug

Lack of standing prevents challenge to COVID-19 restrictions

Tuesday, August 24, 2021Stephen A. ThieleLitigationCOVID-19, Civil Procedure, Charter, Charter Challenge

SHARE:

The COVID-19 pandemic has led to various court challenges in connection with some of the restrictive measures imposed by federal, provincial and...

Read the full post, click here.

30 Jul

Stay refused: Ontario court rules arbitration clause in international commercial contract inoperative

Friday, July 30, 2021Stephen A. Thiele, Howard WolchLitigationArbitration

SHARE:

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...

Read the full post, click here.

26 Jul

Facility operator dodges damages award because patron waived liability

Monday, July 26, 2021Stephen A. ThieleLitigationSports Law, Contract Law, Waiver of Liability

SHARE:

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...

Read the full post, click here.

22 Jul

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. Cook, Michael LauricellaLitigationHockey, Sports Law, Torts

SHARE:

Ice hockey is governed by rules which penalize certain physical infractions, including cross-checking, fighting, hitting from behind, and...

Read the full post, click here.

13 Jul

Wrong for City Councillor to have entered residential properties without permission

Tuesday, July 13, 2021Stephen A. ThieleLitigationPolitical Law, City Councillors

SHARE:

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...

Read the full post, click here.

5 Jul

Claim for online research costs rejected in Ontario commercial proceeding

Monday, July 5, 2021Stephen A. ThieleLitigationLegal Research , Costs

SHARE:

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...

Read the full post, click here.

29 Jun

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, Student Athletes, University

SHARE:

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...

Read the full post, click here.

24 Jun

Tribunal’s independent legal research not procedurally unfair

Thursday, June 24, 2021Stephen A. ThieleLitigationLegal Research , Orders and Judgments, Procedural Fairness

SHARE:

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...

Read the full post, click here.

15 Jun

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, Scope, Remedies, Municipal Code of conduct for members

SHARE:

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...

Read the full post, click here.

10 Jun

Ontario third party advertising provisions held to be unconstitutional

Thursday, June 10, 2021Stephen A. ThieleLitigation, Political Law, Election LawConstitutionality, Third Party Advertising

SHARE:

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...

Read the full post, click here.

9 Jun

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

SHARE:

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...

Read the full post, click here.

7 Jun

A Judge’s Duty is to Judge

Monday, June 7, 2021Stephen A. ThieleLitigationLegal Research , Rules of Civil Procedure

SHARE:

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...

Read the full post, click here.

1 Jun

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

SHARE:

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...

Read the full post, click here.

25 May

Summary judgment denied over defamatory TV show first aired in Pakistan

Tuesday, May 25, 2021Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment, libel, slander

SHARE:

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...

Read the full post, click here.

20 May

Nova Scotia court prevents anti-masking protest from happening

Thursday, May 20, 2021Stephen A. ThieleLitigation, InjunctionsCOVID-19, Remedies

SHARE:

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...

Read the full post, click here.

14 May

$500,000 in damages awarded for comments about yellow Ferrari’s ownership

Friday, May 14, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts

SHARE:

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...

Read the full post, click here.

30 Apr

Injunction granted to stop defamatory posts published on Instagram

Friday, April 30, 2021Stephen A. ThieleLitigationDefamation, Torts, Injunction

SHARE:

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...

Read the full post, click here.

21 Apr

Recovering Online Legal Research Disbursements

Wednesday, April 21, 2021Stephen A. ThieleLitigationLegal Research , Disbursements

SHARE:

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...

Read the full post, click here.

5 Apr

Gratuitous Defamatory Tweets About Plaintiff Not Protected as a Matter of Public Interest

Monday, April 5, 2021Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Pre-trial Disposition

SHARE:

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...

Read the full post, click here.

26 Mar

Federal Conservative Party Member Wins Pyrrhic Court Victory: Loses in Party Election

Friday, March 26, 2021Stephen A. ThieleLitigationPolitical Law, Contract Law, Contractual Rights, Political Parties, Membership

SHARE:

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...

Read the full post, click here.

24 Mar

Motion to enjoin hotel quarantine law denied

Wednesday, March 24, 2021Stephen A. ThieleLitigation, Constitutional Law, Charter of Rights and FreedomsCOVID-19, Interim Injunction

SHARE:

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...

Read the full post, click here.

15 Mar

A Victory for Freedom of Speech

Monday, March 15, 2021Stephen A. ThieleLitigationFreedom of Expression, Political Law, Canadian Charter of Rights and Freedoms

SHARE:

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...

Read the full post, click here.

8 Mar

Correcting some misconceptions about online legal research costs

Monday, March 8, 2021Stephen A. ThieleLitigationLegal Research , Costs, Online Searches

SHARE:

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...

Read the full post, click here.

3 Mar

Defaming a professional can be costly

Wednesday, March 3, 2021Stephen A. ThieleLitigationDefamation, Advertising, Alberta, Alberta Dental Association

SHARE:

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...

Read the full post, click here.

27 Feb

The judicial rant heard around the legal profession: a legal research lesson

Saturday, February 27, 2021Stephen A. ThieleLitigationCivil Procedure, Legal Research , Transfer Motion, Rules of Civil Procedure

SHARE:

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...

Read the full post, click here.

25 Feb

Reputation can be everything

Thursday, February 25, 2021Stephen A. ThieleLitigationDefamation

SHARE:

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...

Read the full post, click here.

22 Feb

God’s law is not supraconstitutional

Monday, February 22, 2021Stephen A. ThieleLitigationGod's Law, Bible

SHARE:

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...

Read the full post, click here.

18 Feb

You can’t play dress up with a defamation action

Thursday, February 18, 2021Stephen A. ThieleLitigationDefamation, slander

SHARE:

The law of defamation is subject to many strict rules, which may vary from province-to-province under respective special libel and slander...

Read the full post, click here.

16 Feb

Legal research in costs awards

Tuesday, February 16, 2021Stephen A. ThieleLitigationCivil Litigation, Legal Research , Costs

SHARE:

Despite its importance, legal research is often a line item that comes under close scrutiny when a court awards costs to a...

Read the full post, click here.

5 Feb

Criminal proceedings and the civil defamation claim: A limitation period lesson

Friday, February 5, 2021Stephen A. ThieleLitigationDefamation, Limitations Act, Ontario Court of Appeal

SHARE:

In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from...

Read the full post, click here.

2 Feb

Disgorgement of profits could be a potential remedy in a defamation action

Tuesday, February 2, 2021Stephen A. ThieleLitigationDefamation, British Columbia, Damages

SHARE:

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...

Read the full post, click here.

1 Feb

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, Defamation, Republication, Limitation Periods

SHARE:

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...

Read the full post, click here.

28 Jan

Defamation action against Ontario Premier dismissed under Courts of Justice Act

Thursday, January 28, 2021Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationDefamation, Funds, Police Services Act, Members’ Integrity Act, Courts of Justice Act, Political Law

SHARE:

Early last year, the Premier of Ontario, Doug Ford, in a highly sensationalized lawsuit was sued for defamation by a former Deputy Commissioner and...

Read the full post, click here.

27 Jan

Patrick Brown takes down insurance company

Wednesday, January 27, 2021Stephen A. ThieleLitigationDefamation, Funds, Insurance Law

SHARE:

An issue that sometimes arises in defamation actions is whether the costs of a prosecution or a defence is covered by an insurance...

Read the full post, click here.

25 Jan

Defamation suit surrounding BC’s foreign buyer tax is dismissed

Monday, January 25, 2021Stephen A. ThieleLitigationTorts, Funds, Defences

SHARE:

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...

Read the full post, click here.

20 Jan

Plaintiffs who started debate on matters of public interest have defamation claim dismissed

Wednesday, January 20, 2021Stephen A. ThieleLitigationDefamation, Courts of Justice Act

SHARE:

Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often...

Read the full post, click here.

15 Jan

President of Queen's Privy Council for Canada to be an "adverse witness" in potato farmer's case

Friday, January 15, 2021Stephen A. ThieleLitigationEvidence, Funds, Witnesses, Adverse Witness

SHARE:

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...

Read the full post, click here.

8 Jan

Former Agriculture Minister Not Required to Testify

Friday, January 8, 2021Stephen A. ThieleLitigationCivil Litigation, Evidence, Witnesses, Adverse Witness, Funds, Interprovincial Summonses Act

SHARE:

Despite courts moving to electronic hearings whereby theoretically a witness could appear virtually from anywhere...

Read the full post, click here.

4 Jan

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. CookLitigationLetters of Request, Ontario Evidence Act, Ontario Court of Appeal

SHARE:

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...

Read the full post, click here.

28 Dec

Housing construction project turned sour results in personal liability and dismissal of defamation claim

Monday, December 28, 2020Stephen A. ThieleLitigation, Real EstateAlberta, Fraud, Dream Home, Construction , Kickbacks

SHARE:

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...

Read the full post, click here.

24 Dec

Election law’s substantive approach applies to judicial recounts

Thursday, December 24, 2020Stephen A. ThieleLitigation

SHARE:

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 ...

Read the full post, click here.

21 Dec

Legal research and the duty to disclose relevant law

Monday, December 21, 2020Stephen A. ThieleLitigationRules of Professional Conduct, Research, Disciplinary Hearing, Ethics, Legal Research , Law Society of Ontario

SHARE:

Legal research is important. In general, every legal issue requires some form of legal research because each legal issue is informed either by...

Read the full post, click here.

14 Dec

The frailties of online legal research: the words “and” and “or”

Monday, December 14, 2020Stephen A. ThieleLitigationResearch, COVID-19, Lexis Advance, Quicklaw, CanLII, NextCanada

SHARE:

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..

Read the full post, click here.

9 Dec

Who is that guy? A lesson in the law of defamation

Wednesday, December 9, 2020Stephen A. ThieleLitigationDefamation, Supreme Court of Canada

SHARE:

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...

Read the full post, click here.

7 Oct

Partial shutdown of business does not preclude business interruption claim

Wednesday, October 7, 2020Stephen A. Thiele, James R.G. CookLitigation, Insurance ActCOVID-19

SHARE:

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...

Read the full post, click here.

21 Sep
19 Jun

Ontario Suspends Commercial Tenant Evictions

Friday, June 19, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationBill 192 - Protecting Small Business Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Tenancies Act, Commercial Landlord, COVID-19, Ontario Government

SHARE:

In the wake of the COVID-19 pandemic, governments around the world have implemented physical distancing measures to “flatten the curve”.

Read the full post, click here.

9 Jun

A Litigation Update: The Small Claims Court and Short Motions or Applications

Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationRules of Professional Conduct, Small Claims Court, Short Motions

SHARE:

As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.

Read the full post, click here.

14 May

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

SHARE:

The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with ...

Read the full post, click here.

7 May

Ontario re-opening for business: A gradual approach

Thursday, May 7, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationCOVID-19, Ontario Government, Ontario, State of Emergency

SHARE:

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...

Read the full post, click here.

6 Apr

A CERB Application Update

Monday, April 6, 2020Stephen A. ThieleLitigationCOVID-19, Canada Emergency Response Benefit (CERB), Canada Revenue Agency (CRA)

SHARE:

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

Read the full post, click here.

4 Apr

Ontario expands non-essential business closures

Saturday, April 4, 2020Stephen A. ThieleLitigationCOVID-19, Infectious Diseases, Infectious Diseases Emergencies, Healthcare

SHARE:

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.

Read the full post, click here.

2 Apr

Novel Coronavirus (COVID-19) Update: Federal and Provincial Government Relief Measures Available to Businesses

Thursday, April 2, 2020Stephen A. ThieleLitigation, Business LawLayoffs, COVID-19, Coronavirus, Wage Subsidy, Work-Sharing Program Extensions, Workplace Safety and Insurance Board (WSIB), Business Credit Availability Program (BCAP)

SHARE:

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.

Read the full post, click here.

20 Feb

The other side of MeToo

Tuesday, February 20, 2018Stephen A. ThieleLitigationDefamation

SHARE:

The #MeToo movement has started a revolution. No longer are women, in particular, afraid to speak about incidents in which they have...

Read the full post, click here.

15 Aug

Where will marijuana laws end up?

Tuesday, August 15, 2017Stephen A. ThieleLitigationMarijuana, General Interest, Ontario, Mental Health

SHARE:

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...

Read the full post, click here.

5 Jul

Is Canada Day celebration controversy worth breach of contract claim?

Wednesday, July 5, 2017Stephen A. ThieleLitigation, Employment LawToronto, Toronto Politics, Termination, Ontario, Canada Day

SHARE:

On July 1, 2017, Canada turned 150 years old. All across the nation, public and private organizers...

Read the full post, click here.

15 Mar

Missing Comma May Prove Costly

Wednesday, March 15, 2017Stephen A. ThieleLitigationGeneral Interest

SHARE:

Good legal writing is an important skill.

The failure to properly draft a contract or a legislative provision can have significant...

Read the full post, click here.

18 Jan

Collecting legal fees: The Small Claims Court is back in business

Wednesday, January 18, 2017Stephen A. ThieleSolicitors Act, LitigationLegal Fees, Small Claims Court

SHARE:

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...

Read the full post, click here.

14 Dec

Check Before You Rent

Wednesday, December 14, 2016Stephen A. ThieleReal Estate, LitigationCondominium, Rental Property, Tenant

SHARE:

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...

Read the full post, click here.

7 Dec

What’s in a name? Everything if it is a registered Trade-mark!

Wednesday, December 7, 2016Stephen A. ThieleIntellectual Property, Litigation, Common LawHockey, Trademarks, NHL, Copyright, Las Vegas, Nevada, Sports, Vegas Golden Knights

SHARE:

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...

Read the full post, click here.

2 Nov

Lessons from the Dreamworld Crisis

Wednesday, November 2, 2016Stephen A. ThieleLitigation

SHARE:

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...

Read the full post, click here.

5 Oct

Civil Liability for STDs and Jurisdiction

Wednesday, October 5, 2016Stephen A. ThieleCivil Law, LitigationBaseball, Civil Liability

SHARE:

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...

Read the full post, click here.

17 Aug

Pokemon “No!”

Wednesday, August 17, 2016Stephen A. ThieleMunicipal Law, Criminal Code, LitigationGeneral Interest, Technology, Mobile Phones

SHARE:

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... 

Read the full post, click here.

1 Jun

Toronto Police Arrest Nearly 100 In Marijuana Raids

Wednesday, June 1, 2016Stephen A. ThieleLitigationMarijuana, Charter

SHARE:

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.

Read the full post, click here.

Subscribe Now