Blog
Blog
Potentially fake app messages result in appeal from firebombing conviction
Thursday, April 22, 2021James R.G. CookLitigationFacebook, Fake News, SMS Text Messages, Text Now , Ontario Court of Appeal
We have previously addressed the concerns of a civil court judge about the perils of having to deal with “fake news” in the form of spoofed emails and electronic documents. The Ontario Court of Appeal has addressed similar concerns as 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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Full Names of Parties Now Published in HPARB Complaint Review Decisions
Tuesday, April 13, 2021Lad KucisLitigation, Health LawHealthcare, Disciplinary Hearing
Historically, the names of parties in complaint reviews before the Health Professions Appeal and Review Board (HPARB) were not included on the version of the Decision and Reasons made available...
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Family Cottage Squabbles: Court orders family members to stop interfering with each other’s enjoyment of cottage property
Tuesday, April 13, 2021James R.G. CookLitigationReal Estate, Cottage Country, Trusts
Cottage properties may be used by extended families over the years without regard to who has legal title or whether there are legally binding rules for ownership and use. When senior members of family age, disputes may...
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County Festival Feud: Plaintiff fails to prove verbal agreement or bad faith against festival organizers and municipality
Friday, April 9, 2021James R.G. CookLitigationOntario Limitations Act, Powassan, Municipal Act, Contract Law
The annual “Smoke ‘N’ Spurs Festival” on the Labour Day Weekend in Powassan, Ontario, commenced in 2013. A caterer for the Festival from 2013-2015, claimed that he was lured away...
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Business founder obtains oppression remedy against investors
Thursday, April 8, 2021James R.G. CookLitigationCorporations Act, Corporate Law, Oppression Remedy
The oppression remedy in Canadian corporate law protects the reasonable expectations of stakeholders in a corporation. Shareholders, directors, and other stakeholders enter into...
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Owner of corporation personally liable for litigation misfeasance
Wednesday, April 7, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Personal Liability, Ontario
One of the perceived benefits of using a corporation for real estate or other business transactions is to shield the individual owner from personal liability for costs and other...
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Recent treatment of the duty to defend in Ontario courts
Tuesday, April 6, 2021James R.G. Cook, Kenneth JullLitigationInsurance Law, Negligence, Ontario Court of Appeal , Insurance Policy, Policy, Class Action
Where there is a dispute between an insurer and an insured over the insurer’s duty to defend a claim being made against an insured, the insured will ordinarily need to bring an application for...
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Gratuitous Defamatory Tweets About Plaintiff Not Protected as a Matter of Public Interest
Monday, April 5, 2021Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Pre-trial Disposition
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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Buyers not allowed to terminate purchase due to size misdescription or building permit concerns
Monday, April 5, 2021James R.G. CookLitigationReal Estate, Mississauga, Renovations
While the discovery of misdescriptions as to the size of a property or unpermitted renovations may allow a buyer to terminate a purchase transaction,...
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A short walk to the beach – What is reasonably necessary for a prescriptive easement?
Thursday, April 1, 2021James R.G. CookLitigation, Real EstateEasement, Cottage Country, Lakefront
One of the requirements to establish a prescriptive easement is that it is “reasonably necessary” for the better enjoyment of the owner of the land who claims the prescriptive
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Court dismisses non-competition injunction against former key employee
Sunday, March 28, 2021James R.G. CookLitigation, Employment LawEmployee, Employer, Contract Law, Restrictive Covenant, Non-Compete
When relationships end between a business and an individual who was a principal thereof, the business may be understandably concerned about competitive ventures it may face from its...
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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
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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Buyers’ liability to sellers in aborted real estate closings
Friday, March 26, 2021James R.G. CookLitigation, Real EstatePlanning Act, Summary Judgment
“The factual background to this summary judgment motion is a sad story that has frequently been retold in courtrooms across the land with the same tragic ending.”
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Motion to enjoin hotel quarantine law denied
Wednesday, March 24, 2021Stephen A. ThieleLitigation, Constitutional Law, 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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Municipality improperly abandoned ratepayers by failing to oppose application for legal non-conforming use of lakeside land
Monday, March 22, 2021James R.G. CookLitigation, Real Estate, Municipal LawZoning By-Law, Norfolk County, Ontario
Some municipal zoning restrictions are intended to address local planning needs for commercial and residential purposes, while other...
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Estate’s claim to recover $700,000 gift from elderly man to fiancée dismissed
Monday, March 15, 2021James R.G. CookLitigationTrustee Act, Ontario Court of Appeal
We have previously written about gratuitous transfers of real estate between family members, and the requirement on the recipient’s part to prove that the transfer was intended to be a gift if the purpose...
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A Victory for Freedom of Speech
Monday, March 15, 2021Stephen A. ThieleLitigationFreedom of Expression, Political Law, Canadian Charter of Rights and Freedoms
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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Legal non-conforming use prevents municipality from enforcing zoning by-law
Friday, March 12, 2021James R.G. CookLitigationZoning By-Law, Town of Caledon, Planning Act
While some property owners may believe that they can do what they want with their own land, municipalities control development and the permitted use...
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Online e-commerce platform not required to provide services to retailer of products promoting hate or violence
Thursday, March 11, 2021James R.G. CookLitigationOntario Superior Court of Justice , Hate Speech
The Ontario Superior Court of Justice dismissed an injunction sought by an online retainer against an e-commerce platform which refused to allow it to carry on business selling...
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Hockey tournament dispute leads to shareholder oppression remedy
Wednesday, March 10, 2021James R.G. CookLitigationHockey, Corporations Act
Individuals involved in a small business venture may view themselves as equal partners, but if they make the decision to use a corporation for their business, they should be aware that the...
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Court grapples with fake electronic evidence and Zoom imposter witness
Tuesday, March 9, 2021James R.G. CookLitigationOntario Evidence Act, Rules of Professional Conduct, Zoom, Evidence
As we discussed in a recent blog, technological advances have resulted in a digital revolution in the justice system, but these same...
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Claim for adverse possession of land against an unknown owner
Monday, March 8, 2021James R.G. Cook, Aaron PearceLitigation, Real EstateLand Title Act, Land Registry, Adverse Possession
A claim for title by adverse possession can grant property rights to a non-owner of land resulting from their use or occupation of the lands over an...
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Correcting some misconceptions about online legal research costs
Monday, March 8, 2021Stephen A. ThieleLitigationLegal Research, Costs, 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. ThieleLitigationDefamation, Advertising, Alberta, 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. ThieleLitigationCivil Procedure, Legal Research, Transfer Motion, Rules of Civil Procedure
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. ThieleLitigationDefamation
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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“Enough is Enough” – frustration expressed by Ontario Courts over litigation misconduct during the pandemic
Tuesday, February 23, 2021Gavin J. Tighe, James R.G. CookLitigationFrustration, Ontario Superior Court of Justice , COVID-19
At the time of this writing, it has been almost a year since civil litigation was routinely conducted in a physical courtroom. While parties and their...
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Letters of Request denied for access to confidential business information
Monday, February 22, 2021James R.G. CookLitigationLetters of Request, Referral Agreement, Ontario Court of Appeal
The process by which a foreign court seeks the assistance of an Ontario court to gather evidence for use in local proceedings, as discussed...
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Airbnb renters of landlocked cottage allowed to access lake via right-of-way
Monday, February 22, 2021James R.G. CookLitigationAirbnb, Right-of-way Access , Bay of Quinte, Cottage Country
It is not uncommon for non-lakefront cottage properties in Ontario to have access to the water via a right-of-way (ROW). ROWs may be registered on title or...
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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. ThieleLitigationDefamation, Slander
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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Breach of privacy class action against Facebook relating to Cambridge Analytica dismissed
Wednesday, February 17, 2021James R.G. CookLitigationClass Action, Facebook, Cambridge Analytica, Privacy Rights
The Ontario Superior Court of Justice has dismissed a class action against Facebook for breach of privacy arising from what the motion judge described as...
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Legal research in costs awards
Tuesday, February 16, 2021Stephen A. ThieleLitigationCivil Litigation, Legal Research, Costs
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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Proposed Danforth Shooting class action against Smith & Wesson relating to authorized user technology allowed to proceed
Tuesday, February 16, 2021James R.G. CookLitigationRules of Civil Procedure, Class Proceedings Act, 1992, Handgun
The Ontario Superior Court of Justice has dismissed a motion by Smith & Wesson Corp to throw out a potential class action for negligent manufacturing of the firearm used in a mass shooting in...
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Defamation Judgment Upheld Against Pseudonymous Online Poster
Wednesday, February 10, 2021James R.G. CookLitigationDefamation
In Theralase Technologies Inc. v Lanter, 2021 ONSC 943 (CanLII), Justice F.L. Myers dismissed a motion to set aside default judgment obtained against a defendant who...
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Criminal proceedings and the civil defamation claim: A limitation period lesson
Friday, February 5, 2021Stephen A. ThieleLitigationDefamation, Limitations Act, Ontario Court of Appeal
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. ThieleLitigationDefamation, British 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, Defamation, 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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Internet Harassment Tort Recognized by Ontario Superior Court of Justice
Monday, February 1, 2021James R.G. CookLitigationDefamation, Harassment, Torts, Cyber-stalking
Cyber-stalking and anonymous malicious postings on the internet, which may be disseminated across a variety of sites and platforms across the world, are issues to which the...
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Defamation action against Ontario Premier dismissed under Courts of Justice Act
Thursday, January 28, 2021Stephen A. Thiele, Gavin J. Tighe, Rojin JazayeriLitigationDefamation, Political Law, Police Services Act, Members’ Integrity Act, Courts of Justice Act
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. ThieleLitigationDefamation, Political 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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Township Liable to Muskoka Cottage Owners for Failing to Inspect Building Permit
Wednesday, January 27, 2021James R.G. CookLitigationCottage Country, Muskoka, Building Code Act, Building Code
Owners of a cottage in Muskoka obtained judgment against the Township of the Lake of Bays in the amount of $361,875, resulting from the...
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Defamation claim against Twitter allowed to proceed in British Columbia
Tuesday, January 26, 2021James R.G. CookLitigationDefamation, British Columbia, Twitter
When defamatory statements are alleged to have been transmitted internationally via social media, the question of where to start a...
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Subway’s $210 million chicken content defamation claim against the CBC restored by Court of Appeal
Monday, January 25, 2021James R.G. CookLitigationDefamation, Anti-SLAPP Legislation, Subway, CBC, Chicken
The Ontario Court of Appeal has restored Subway’s defamation action against the CBC which was dismissed in 2019 pursuant to Ontario’s...
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Defamation suit surrounding BC’s foreign buyer tax is dismissed
Monday, January 25, 2021Stephen A. ThieleLitigationTorts, Defences, Defamation, Political Law
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. ThieleLitigationDefamation, Defences
Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often...
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Notoriously Bad Movie leads to Unprecedented Order for Security for Costs of Trial Judgment
Monday, January 18, 2021James R.G. CookLitigationCopyright, Ontario Court of Appeal , Rules of Civil Procedure, Documentary Film-makers, Copyright Act
For perhaps the first time, the Ontario Court of Appeal has ordered an unsuccessful litigant to post security for costs of a trial judgment before being allowed to proceed with...
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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, Political Law, Witnesses, 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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Home Owners Ordered to Remove Pool built over Municipal Easement
Friday, January 15, 2021James R.G. Cook, Jonathan James NehmetallahLitigation, Real EstateMunicipal Act, Easement
Home buyers would do well to ensure that their local municipal by-laws and easements do not prohibit their development plans before they embark...
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Employer Breached Employee’s Right to Privacy by Reviewing Private Messages sent from Work Laptop
Thursday, January 14, 2021James R.G. CookLitigationArbitration, Canadian Charter of Rights and Freedoms, Canadian Human Rights Act, Canadian Media Guild
Employees frequently use laptop computers provided to them by their employer for personal matters as well as employment-related tasks. To what extent can an employer review private messages...
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Ontario’s New Stay Home Order Effective January 14, 2021
Wednesday, January 13, 2021Soma Ray-EllisLitigation, Employment LawCOVID-19, Ontario, Child Care and Early Years Act, Emergency Management and Civil Protection Act
The Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, has responded to the unsettling levels of mobility in the province and has declared a second provincial emergency under...
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Freelance Consultants Not Bound by Non-Competition Agreement
Friday, January 8, 2021James R.G. CookLitigation, Employment LawCivil Procedure, Trial Procedure, Non-Compete, Contract Law
Freelance consultants may often be faced with a decision to enter into contracts which purport to limit their ability to seek out what might be construed as...
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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. CookLitigationLetters of Request, Ontario Evidence Act, Ontario Court of Appeal
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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Court Prohibits Competing Restaurant Business from Opening
Wednesday, December 30, 2020James R.G. CookLitigationNon-Compete, Restaurant, Interlocutory Injunction , Ottawa, Shareholders’ Agreement
Many will be grateful to see 2020 in the rearview mirror, none more so than restaurant owners. With restaurants scrambling to re-focus on take-out service, perhaps the last thing...
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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, Fraud, Dream Home, Construction , 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, Election Law, Public Law, Political Law
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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Court Denies Mortgagee’s Claim for Unproven Fees and Charges under Overdue Mortgage
Thursday, December 24, 2020James R.G. CookLitigation, Real EstateMortgage Fees, Ontario Mortgages Act, Interest Act
Mortgagees suing to recover amounts owing under a mortgage in default should not expect a court to rubber stamp the amounts claimed for fees...
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Viewing the Supreme Court of Canada’s decision in Callow through a compliance lens
Wednesday, December 23, 2020James R.G. Cook, Kenneth Jull, Jonathan James Nehmetallah, Ian SpiegelLitigationContract Law, Supreme Court of Canada, Compliance
The Supreme Court of Canada released its decision in C.M. Callow Inc. v. Zollinger on December 18, 2020. This decision is ground-breaking in the world of contracts, and can...
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Seller Not Responsible for Zoning or Future Use Limitations of a Property
Tuesday, December 22, 2020James R.G. CookLitigation, Real EstateZoning By-Law, Agreement of Purchase and Sale, Ontario
A recent decision of the Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or...
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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
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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To Conserve and Protect? Bill 229's Impact on Conservation Authorities
Tuesday, December 15, 2020Jonathan James NehmetallahLitigation, Municipal LawConservation Authorities Act, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures) 2020, LPAT: Local Planning Appeal Tribunal, Conservation Authority
Ontario has 36 conservation authorities that act as community-based management agencies who undertake watershed-based programs to protect the community from...
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Civil Conspiracy Established against Directors of Shell Company for Loss of Investment
Monday, December 14, 2020James R.G. CookLitigation, Civil LawOntario Court of Appeal , Fraud
The Ontario Court of Appeal has confirmed that liability for civil conspiracy may arise from the “constructive intent” of a defendant to cause harm even if they are not in direct communication with the plaintiff during...
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The frailties of online legal research: the words “and” and “or”
Monday, December 14, 2020Stephen A. ThieleLitigationResearch, COVID-19, Lexis Advance, Quicklaw, CanLII, NextCanada
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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Can your boss force you to take the COVID-19 vaccine?
Friday, December 11, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Employer, Employee, Employment Agreements, Ontario, Human Rights Code, Occupational Health and Safety Act
If 2020 has felt like a horror movie, the COVID-19 vaccine is the highly anticipated final act. Now with the vaccine’s...
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Parent’s Claim to Recover Home Transferred to Daughter Dismissed
Friday, December 11, 2020James R.G. CookLitigation, Estate PlanningReal Estate, Wills, Trusts, Smith Falls
Property is often transferred between family members without money exchanging hands. There are many reasons for doing so, including estate planning, assisting children with buying a home, removing property from...
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Who is that guy? A lesson in the law of defamation
Wednesday, December 9, 2020Stephen A. ThieleLitigationDefamation, Supreme 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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HBC’s Efforts to Withhold Rent Due to Landlords’ Failure to Maintain “First Class” Shopping Centres
Tuesday, December 8, 2020James R.G. CookLitigationCOVID-19, Retail Shopping, Commercial Landlord, Commercial Tenancies Act, HVAC
During the COVID-19 pandemic, with consumers leery of indoor shopping and retailers being forced to keep their doors closed due to health...
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Ontario Court of Appeal Upholds Doctor’s Damages for Defamatory Postings on RateMDs.com
Monday, December 7, 2020James R.G. CookLitigationDefamation, Damages, Ontario Court of Appeal
In response to a series of negative and untruthful online reviews, a medical doctor sued the author of the posts for defamation and was awarded...
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Misrepresentation in Square Footage leads to Rescission of Agreement of Purchase and Sale
Wednesday, December 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Stouffville, Ontario Court of Appeal , Misrepresentation
A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ontario resulted in the rescission of the Agreement of Purchase and Sale...
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Abandoned Use of Easement Leads to Loss of Backyard Parking Pad
Monday, November 30, 2020James R.G. CookLitigationToronto, Easement, Land Title Act, Conveyancing Law and Property Act , Real Estate
In a densely populated city like Toronto, many older neighbourhoods contain tightly-packed homes separated by narrow easements which provide access to...
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Injunction to Remove Allegedly Defamatory Social Media Posts Dismissed
Friday, November 27, 2020James R.G. CookLitigationDefamation, Damages, Social Media, BLM Movement, Free Speech
A recent case of the Ontario Superior Court of Justice illustrates the difficulties that a plaintiff may encounter when seeking to stop allegedly defamatory posts...
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Dock Dispute leads to Nuisance Claim and $598,000 Costs Award
Monday, November 9, 2020James R.G. CookLitigation, Real EstateCottage Country, Ontario Court of Appeal , Damages, Ontario Ministry of Natural Resources and Forestry , Lake Simcoe, Boat Dock
After years of litigation, a dispute between neighbours of waterfront properties on Lake Simcoe led to a mandatory order requiring the removal...
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Municipality Restrained from Interfering with Cottage Owners’ use of Fire-Pit Lands
Friday, November 6, 2020James R.G. CookLitigation, Real EstateCottage Country, Zoning By-Law, Georgian Bay, Fire-Pit
Seasonal residents of cottage properties in Tiny Township obtained an injunction prohibiting the municipality from interfering with their use of disputed lands containing...
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Injunction to Stop Neighbour’s House Construction near Escarpment Dismissed
Thursday, November 5, 2020James R.G. CookLitigation, Municipal Law, Real EstateBuilding, Building Code Act, 1992, Conservation Authorities Act
A property owner’s application for an injunction against his neighbour to stop construction of a property which he claimed was in contravention of municipal and conservation authority regulations was...
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Volunteer Coaches’ Defamation Claim Dismissed as Contrary to Public Interest
Monday, November 2, 2020James R.G. CookLitigationOntario Superior Court of Justice , Defences, Ringette, Coaching, Defamation
The Ontario Superior Court of Justice dismissed a defamation claim which arose from an email sent by parents of a competitive ringette player expressing their dissatisfaction with
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Injunction Granted to Hotel to Enforce Noise By-Law
Wednesday, October 28, 2020James R.G. CookLitigation, Municipal LawEnvironmental Protection Act, Municipal Act
Potential harm to a hotel’s online reputation for providing a quiet night’s sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour. In JJ’s Hospitality v. Kal Tire, 2020 ONSC 6198 (CanLII), a hotel in...
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Changes in Payment Model for Pharmacy Services Provided to Long-Term Care Home Residents
Tuesday, October 27, 2020Lad KucisLitigation, Health LawOntario Government, Retirement Homes , Pharmacy, Long-term Care Homes, Ministry of Health
Effective January 1, 2020, the Government of Ontario announced significant changes to the way that pharmacies are paid for services provided to long-term care (LTC) home residents, as set out in...
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Discovery of Water Damage Insufficient to Terminate Real Estate Purchase Transaction
Friday, October 23, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Damages, Flooding, Insurance Policy
In Bilotta v. Booth, 2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...
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Proposed Legislation Would Shield Retirement Homes and Long-Term Care Homes from COVID-19 Lawsuits
Wednesday, October 21, 2020Lad KucisLitigation, Health LawCOVID-19, Retirement Homes , Bill 218, Supporting Ontario’s Recovery Act, 2020
On October 20, 2020, the Ontario Government introduced Bill 218, Supporting Ontario’s Recovery Act, 2020, which if passed, would...
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Real Estate Investor’s Claim for Lost Opportunity Damages Rejected
Tuesday, October 20, 2020James R.G. CookLitigation, Real EstateOntario Superior Court of Justice , Agreement of Purchase and Sale, Damages
In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice...
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Caveat Emptor Applied to Alleged Basement Flooding Damage
Wednesday, October 14, 2020James R.G. CookLitigation, Real EstateFlooding, Ontario Superior Court of Justice , Termination, Damages
In Giancola v. Dobrydnev, 2020 ONSC 6007 (CanLII), the Ontario Superior Court of Justice rejected a buyer’s attempt to...
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Township’s Prescriptive Easement Upheld by Court of Appeal
Friday, October 9, 2020James R.G. CookLitigation, Municipal LawOntario Court of Appeal , Land Title Act, Land Registry
In Paleshi Motors Limited v. Woolwich (Township), 2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...
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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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Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions
Monday, October 5, 2020James R.G. CookLitigation, Real EstateOntario Court of Appeal , Development, Ontario, Restrictive Covenant, Land Title Act
A recent decision of the Ontario Court of Appeal dismissed a developer’s attempt to enforce a “building scheme” restricting the construction of an...
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Real Estate Agent’s Defamation Claim Survives Anti-SLAPP Motion
Thursday, September 24, 2020James R.G. CookLitigation, Real EstateDefamation, Online Review, Anti-SLAPP Legislation
In Niu v. Cao, 2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning...
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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. CookLitigation, Bankruptcy and Insolvency, Insolvency law, Insurance ActCOVID-19, Ontario, Business Interruption Loss Policy, Ontario Business Loss Coverage Litigation, Prevention of Access Clauses , Disease Clauses, Financial Conduct Authority
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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Fence Dispute Leads to $70,000 Defamation Judgment
Monday, September 14, 2020James R.G. CookLitigation, Real EstateDefamation, Small Claims Court, Libel, Slander
A dispute between two neighbours over a fence led to a $70,000 judgment against an online activist who posted defamatory comments about one of the...
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Lake access easements should be carefully scrutinized prior to purchase
Friday, September 4, 2020James R.G. CookLitigation, Real EstateCottage Country, Right-of-way Access , Lake Waseosa
In a dispute not uncommon to Canadian cottage country, the Ontario Court of Appeal recently addressed whether the owner of a non-lakefront property...
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Buyer’s Claim for Lost Value Damages of a Residential Subdivision Home
Wednesday, September 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Contract Law, Damages
The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...
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Unconscionability in Real Estate Transactions Post-Uber
Monday, August 31, 2020James R.G. CookLitigation, Real EstateIrrevocability Clause, Contract Law, Toronto
In Forest Hill Homes (Cornell Rouge) Limited v. Wei, 2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada’s recent review of the...
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Online Reviews, Freedom of Expression and Anti-SLAPP Legislation: 910938 Ontario Inc v Moore
Monday, August 17, 2020James R.G. CookLitigationComplaints, Defamation, Anti-SLAPP Legislation, Online Review
Consider a time when you had a terrible customer service experience while shopping, going to the dentist, or grabbing a bite to eat with some friends. Perhaps you felt sufficiently motivated to post a negative...
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In the Aftermath of Uber v Heller: Balancing Contractual Freedoms with Access to Justice
Monday, June 29, 2020John A. Campion, Jonathan James NehmetallahLitigation, Employment Law, Employment Standards ActSupreme Court of Canada, Uber, Employment Agreements
On June 26, 2020, the Supreme Court of Canada released its decision on Uber Technologies Inc. v Heller regarding the enforceability of mandatory arbitration clauses in an employment agreement and whether that could...
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Ontario Suspends Commercial Tenant Evictions
Friday, June 19, 2020Stephen A. Thiele, Gavin J. TigheLitigationBill 192 - Protecting Small Business Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Tenancies Act, Commercial Landlord, COVID-19, Ontario Government
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.
A Litigation Update: The Small Claims Court and Short Motions or Applications
Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, Rojin JazayeriLitigationRules of Professional Conduct, Small Claims Court, Short Motions
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.
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Facebook To Pay $9 Million Penalty Under Canada’s Competition Act
Wednesday, June 3, 2020Kenneth Jull, Jonathan James NehmetallahLitigation, Competition ActCompliance, Advertising, Administrative Monetary Penalty
On May 19, 2020 the Competition Bureau announced that Facebook Inc. will pay a $9 million administrative monetary penalty (“AMP”), and an additional $500,000 for the costs of the Bureau’s investigation, after...
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Ontario re-opening for business: A gradual approach
Thursday, May 7, 2020Stephen A. Thiele, Gavin J. TigheLitigationCOVID-19, Ontario Government, Ontario, 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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Property Disputes during a Pandemic
Monday, April 27, 2020James R.G. CookLitigation, Real EstateCOVID-19, Coronavirus, Ontario
In Ontario regular civil court operations have been largely suspended since mid-March 2020 due to the COVID-19 pandemic. One consequence of this has been the temporary postponement of...
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A COVID-19 lay off may not be termination
Tuesday, April 21, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Termination, Employment Agreements, Employee, Employer, Employment Standards Amendment Act, State of Emergency
Canada lost a staggering million plus jobs in the month of March. The International Labour Organization has said based on current statistical information, 1.25 billion workers or 38% of the Global Workforce may face workplace displacement as a result of the COVID-19 pandemic.
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Federal government announces significant change to Emergency Wage Subsidy
Wednesday, April 8, 2020Soma Ray-EllisLitigation, Employment LawCanada Emergency Wage Subsidy, Not-for-Profit/Charities, COVID-19
On April 8, 2020, the federal government announced that it was making a significant change to the Canada Emergency Wage Subsidy program that it had previously announced on March 30, 2020.
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A CERB Application Update
Monday, April 6, 2020Stephen A. ThieleLitigationCOVID-19, Canada Emergency Response Benefit (CERB), 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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Top 10 Work Refusal Questions for Employers and Employees during the COVID-19 Pandemic
Monday, April 6, 2020Soma Ray-EllisLitigationCOVID-19, Workplace Safety and Insurance Board (WSIB), Employer, Employee, Employment Agreements, Employment Standards Amendment Act
The global spread of COVID-19 has impacted employers and employees across the globe, and Canada is no exception. Soma Ray-Ellis, Chair – Employment and Labour Law Group has prepared the ten most relevant questions that employers and employees need to understand in this COVID-19 work reality we now find ourselves in.
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Ontario expands non-essential business closures
Saturday, April 4, 2020Stephen A. ThieleLitigationCOVID-19, Ontario, Infectious Diseases, Infectious Diseases Emergencies, Healthcare
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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Frustration and Pandemic - A Long Term Perspective on COVID-19 and Frustration of Contracts
Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCOVID-19, Compliance, Frustration, Force Majeure, Contract Law
In these times of global health uncertainty and economic troubles it is tempting to jump to the “frustration of contract” conclusion. While we acknowledge that it is tempting to see the current economic trouble as frustrating the performance of contract there are a number of factors that must be considered when...
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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 LawLayoffs, COVID-19, Coronavirus, Wage Subsidy, Work-Sharing Program Extensions, Workplace Safety and Insurance Board (WSIB), Business Credit Availability Program (BCAP)
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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New Ontario Legislation To Protect Workers: COVID-19
Friday, March 20, 2020Soma Ray-EllisEmployment Law, Employment Standards Act, LitigationEmployment Agreements, Ontario, Safety, Wrongful Dismissal, COVID-19, Coronavirus, Infectious Diseases, Infectious Diseases Emergencies, Ontario Government, Bill 186
On March 19, 2020, the Ontario Government introduced the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, which amends the Employment Standards Act, 2000, to protect the jobs of employees who...
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Zombie Deed Sparks Reoccurring Legal Debate
Wednesday, March 11, 2020James R.G. CookLitigation, Real EstateZombie Deed, Probate, Land Registry
Absent a sequel by way of appeal, the Ontario Superior Court of Justice may have struck the final blow to the head of “zombie deeds”. A “zombie deed” generally refers to...
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Dispute Over Outhouse Clogs Up The Courts: Armstrong v. Moore
Wednesday, January 29, 2020James R.G. CookLitigation, Real Estate, Land Use Regulation, Land Titles ActCosts, Ontario
Can the location of an outhouse grant title to a portion of the neighbour’s land? This was the smelly issue facing the Court in a matter that went through a seven day trial followed by a recent trip to...
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Responding to Complaints Before the College of Veterinarians of Ontario (CVO): A Defence Lawyer’s Perspective
Wednesday, January 22, 2020Lad KucisHealth Law, LitigationCollege of Veterinarians of Ontario, Veterinarians, Disciplinary Hearing, Complaints
As legal counsel for veterinarians, we are regularly asked questions about the complaints process before the College of Veterinarians of Ontario (the “College”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential...
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Responding to Complaints Before the College of Massage Therapists of Ontario (CMTO): A Defence Lawyer’s Perspective
Wednesday, October 23, 2019Lad KucisHealth Law, LitigationComplaints, Disciplinary Hearing, Massage Therapists
As legal counsel for registered massage therapists, we are regularly asked questions about the complaints process before the College of Massage Therapists of Ontario (the “College”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...
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Responding to Complaints Before the College of Audiologists and Speech-Language Pathologists of Ontario A Defence Lawyer’s Perspective
Thursday, October 3, 2019Lad KucisLitigation, Health LawComplaints, Disciplinary Hearing, Compliance, Inquiries, Complaints and Report Committee
As legal counsel for audiologists and speech-language pathologists, we are regularly asked questions about the complaints process before the College of Audiologists and Speech-Language Pathologists of Ontario (“CASLPO”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information...
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Responding to Complaints Before the College of Optometrists of Ontario A Defence Lawyer’s Perspective
Tuesday, September 17, 2019Lad KucisLitigation, Health LawComplaints
As legal counsel for optometrists, we are regularly asked questions about the complaints process before the College of Optometrists of Ontario (the “College”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...
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How the Identities of Health Professionals are Revealed in HPARB Complaint Review Decisions
Tuesday, September 10, 2019Lad KucisLitigation, Health LawHealthcare, Complaints
It is the long-standing practice of the Health Professions and Appeal Board (HPARB) to identify parties by their...
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Responding to Complaints Before the College of Psychologists of Ontario A Defence Lawyer’s Perspective
Wednesday, September 4, 2019Lad KucisLitigation, Health LawComplaints, Healthcare, College of Psychologists of Ontario, Disciplinary Hearing
As legal counsel for psychologists, we are regularly asked questions about the complaints process before the College of Psychologists of Ontario (“CPO”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...
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Responding to Complaints Before the Royal College of Dental Surgeons of Ontario: A Defence Lawyer’s Perspective
Monday, August 26, 2019Lad KucisHealth Law, LitigationComplaints, Compliance, Royal College of Dental Surgeons
As legal counsel for dentists, we are routinely asked questions about the complaints process before the Royal College of Dental Surgeons of Ontario (“RCDSO”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the...
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Responding to Complaints Before the Ontario College of Pharmacists: A Defence Lawyer’s Perspective
Wednesday, August 21, 2019Lad KucisLitigation, Health LawDisciplinary Hearing, Ontario College of Pharmacists, Pharmacy
As legal counsel for pharmacists, we are regularly asked questions about the complaints process before the Ontario College of Pharmacists (“OCP”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that pharmacists need to know.
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Discipline Matters Before the College of Dental Hygienists of Ontario (CDHO): A Defence Lawyer’s Perspective
Tuesday, August 13, 2019Lad KucisLitigation, Health LawCollege of Dental Hygienists of Ontario, Complaints, Dental Hygienists, Inquiries, Complaints and Report Committee, Disciplinary Hearing, Ontario
As legal counsel for dental hygienists, we are often asked questions about what happens when a dental hygienist is referred to the Discipline Committee of the College of Dental Hygienists of Ontario (the “CDHO”).
The following is the essential information that dental hygienists need to know about...
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Cannabis, Compliance, and Trust
Friday, July 26, 2019Kenneth Jull, Jonathan James NehmetallahCannabis, LitigationCannabis Laws, Compliance, Marijuana
Health Canada is investigating CannTrust for growing over ten thousand kilograms of cannabis in unlicensed rooms between October, 2018 and March, 2019. The Globe and Mail reported this week that...
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The New FSRA and its Potential Impact on Licensed Service Providers in the Health Care Sector
Monday, July 22, 2019Lad KucisHealth Law, Litigation
On June 8, 2019, the Financial Services Regulatory Authority of Ontario (“FSRA”) came into existence, replacing the Financial Services Commission of Ontario (“FSCO”) and the Deposit Insurance Corporation of Ontario (“DICO”).
Among its various tasks, FSRA will be responsible for...
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Stone(d) Walled: Cannabis Production and Municipal Zoning By-Laws
Tuesday, November 20, 2018Jonathan James NehmetallahLitigation, Municipal LawMarijuana, Cannabis Laws
Now that the production and sale of cannabis is legal, individuals and corporations should pay close attention to zoning by-laws within their respective municipality when...
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Episode 6 – Return of the Secured Creditors
Monday, November 12, 2018Litigation, Bankruptcy and InsolvencyExcise Tax Act, HST, GST
Callidus Capital has struck back against what some call the evil empire aka CRA. In a unanimous decision on November 8th the Supreme Court of Canada allowed...
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A Primer on Ontario’s New Cannabis Legislation
Tuesday, October 2, 2018Jonathan James NehmetallahLitigation, CannabisAlcohol and Gaming Commission of Ontario, Compliance, Ontario Cannabis Retail Corporation, Marijuana, Cannabis Laws, Ontario
On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018 (the “Act”). The Act contains four schedules and...
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Ontario Legislature Tabling New Cannabis Retail Framework Legislation
Thursday, September 27, 2018Jonathan James NehmetallahLitigation, CannabisMarijuana, Ontario, Liquor Control Board of Ontario, Alcohol and Gaming Commission of Ontario, Ontario Cannabis Retail Corporation, Compliance
On September 26, 2018 Attorney General and the Minister of Finance released highly anticipated information regarding the proposed legislation on private cannabis...
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Constructive Construction – Serious Legal Changes
Thursday, July 19, 2018Litigation, Construction LawConstruction , Education, Liens, Building
Sweeping reforms to the Construction Lien Act received Royal Assent in December 2017. The law of construction liens and payments has been modernized and updated and a...
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Is Contract Law Changing?
Wednesday, May 30, 2018Litigation, Limitations, Contracts, EquityExtensions, Forbearance
Enone Rosas is a lucky lady. First, Ms. Rosas moved to Canada from the Philippines in 1990 and became friends with Mr. and Mrs. Toca. Positive luck but it gets better...
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Need an Uber? Yes - to the Netherlands
Wednesday, March 21, 2018Scott GfellerLitigation, Employment Law, Employment Standards Act, Class ActionsUber, UberEats
Uber is certainly no stranger to Canadian court rooms. In its latest tussle, a $400 million dollar proposed class action in Ontario by Uber “drivers” alleging they are employees of Uber and...
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Coming soon to a backyard near you???
Tuesday, February 27, 2018Anna HusaLitigationToronto, Backyard Chickens, Toronto Politics
“Locally-sourced food” is taking on new meaning in the City of Toronto.
Late last year, City council approved a backyard chicken pilot project which will allow residents in four ward...
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The other side of MeToo
Tuesday, February 20, 2018Stephen A. ThieleLitigationDefamation
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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So you’re in Special Credit – Can you sue?
Wednesday, December 27, 2017LitigationInsolvency, Collections, Lending, Loans, Banking, Recovery
Deciding not to advance any more money and shifting a debtor’s account into the...
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Advertisers Beware
Tuesday, December 5, 2017James R.G. CookLitigationSmall Claims Court, Ontario, Advertising
How much is your physical image worth if it is used in an advertisement without your permission? A recent decision of the Ontario Superior of Justice (Ottawa Small Claims Court) addressed this...
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Supreme Court of Canada Rules Banks Liable for Conversion of Cheques
Wednesday, October 25, 2017Alexander MelfiLitigation, Bills of Exchange ActSupreme Court of Canada, Fraud
When the employee of a large corporation defrauds their employer through a fraudulent cheque scheme, should the banks which paid out on the cheques be...
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Recognizing Drug Addiction as a Ground for Discrimination under Human Rights Legislation – Stewart v. Elk Valley Coal Corp. 2017 SCC 30
Wednesday, September 27, 2017Chris JuniorLitigation, Employment Law, Human Rights LawWrongful Dismissal, Discrimination
The Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. (2017 SCC 30) earlier this year, a landmark case concerning the current framework for determining discrimination in the workplace. The majority...
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From Print to Digital Newspapers, The Ontario Libel and Slander Act and Online Newspapers
Friday, September 15, 2017Dara HirbodLitigationLibel, Slander, Newspaper
As technology continues to usher individuals towards online based content, it has initiated the mummification of printed media, spearheading a...
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To Boldly Go… towards a global system of accountability – Google Inc. v. Equustek Solutions Inc.
Wednesday, August 30, 2017Litigation, Intellectual Property, InjunctionsSupreme Court of Canada, Technology, Freedom of Expression
In true common law tradition, let’s start this blog post with some obligatory Latin: audentes Fortuna iuvat. “Fortune favours the bold.”
This might have been the principle that governed the behaviour of Datalink Technologies Inc. when it...
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Cottage Country Access Lessons
Tuesday, August 22, 2017James R.G. CookLitigation, Municipal Law, Land Titles Act, Land Use Regulation
With the 2017 summer cottage season winding down, a recent case involving sparing neighbours reminds us of the importance of ensuring you have some form of legalized road access to your rural retreat.
Brown v Savage, 2017 ONSC 4357, involved two waterfront properties on Buckham’s Bay on the Ottawa River...
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Where will marijuana laws end up?
Tuesday, August 15, 2017Stephen A. ThieleLitigationMarijuana, General Interest, 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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Are Contracts for Probationary Employees Enforceable: The Ontario Court of Appeal in Nagribianko v. Select Wine Merchants Ltd.
Wednesday, July 26, 2017Stephanie ClarkLitigation, Employment Law, Employment Standards ActEmployment Agreements, Reasonable Notice, Ontario
Employers often rely on a probationary period to determine whether a new employee is suitable for an employment position. If an employer determines that an employee 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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Failure to comply with ESA minimums can be fatal…
Wednesday, June 14, 2017Bryan SkolnikLitigation, Employment LawEmployment Agreements, Termination
At the time of an employee’s termination, the most crucial clause is typically that relating to the employee’s entitlement upon a...
Read the full post, click here.
Bill 139 - Ignoring Conservation Authorities Will Cost You
Wednesday, June 7, 2017Litigation, Environmental Law, Municipal Law, Conservation, Administrative Law, Criminal LawConservation Authority, Bill 139, Prosecutions, Search and Seizure
The Ontario government introduced Bill 139 on May 30, 2017 called the Building Better Communities and Conserving Watersheds Act, 2017. This bill is an amalgam of changes to various pieces of...
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Righting the Apple Cart. Conservation Authorities
Wednesday, May 31, 2017Environmental Law, Municipal Law, Conservation, Administrative Law, LitigationConservation Authority, Safety, Standard of Review, Flooding, Development, Prohibition
Conservation Authorities (“CAs”) in Ontario are breathing a bit easier following the May 23rd 2017 decision of the Court of Appeal in...
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The Supreme Court of Canada Strengthens the Judgment Creditor Tool Box
Wednesday, May 24, 2017Scott GfellerLitigation, Privacy LawSupreme Court of Canada, Rules of Civil Procedure
Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when...
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Ineffective Assistance of Counsel in the Civil Context: The case of SMTCL Canada Inc. v. Master Tech Inc., 2017 ONCA 291
Tuesday, May 9, 2017Chris JuniorLitigation, Civil LawSummary Judgment, Rules of Civil Procedure
Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...
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The “People’s Court”: Now By Online Civil Resolution Tribunal?
Wednesday, April 19, 2017Dara HirbodLitigation, Civil LawSmall Claims Court, Civil Resolution Tribunal, Ontario, British Columbia
The Ontario Small Claims Court is often referred to as the “People’s Court”. The colloquial title has even been adopted by Ontario’s Ministry of the Attorney General. The People’s Court is designed to...
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Appealing to the Supreme Court of Canada from a Refusal of Leave to Appeal by a Provincial Court of Appeal
Wednesday, April 12, 2017Ian A. BlueLitigationLiquor Control Act, Constitution Act, Alcohol, New Brunswick, Supreme Court of Canada
Readers may recall that in R. v. Comeau, 2016 NBPC 3 in which we are acting for M. Comeau, the New Brunswick provincial court...
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Take Me to the Water: the baptism of bankruptcy and student debt write-offs
Wednesday, April 5, 2017Bankruptcy and Insolvency, LitigationPolitics, Budget, Finance
A few weeks ago, I decided to take a break from reading cases, arguments and alternative arguments to peruse the news (read: basket-cases, facts and “alternative facts”) instead.
Amongst other things, I learned that the federal government is this year planning to write off approximately...
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Mortgage Fraud: Who Has Priority In A Dispute?
Wednesday, March 29, 2017James R.G. CookLand Titles Act, LitigationMortgage Fraud
A recent Ontario Divisional Court decision, CIBC Mortgages Inc. v Computershare Trust Company of Canada, 2016 ONSC 7094...
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House Party Drunkenness: Should Parents Be Liable For Catastrophic Injuries Suffered By Guests?
Wednesday, March 22, 2017Gavin J. TigheLitigationCivil Liability, Summary Judgment, Alcohol, Beer Pong
The recent decision of Hon. Justice Wendy Matheson of the Ontario Superior Court of Justice in Wardak v. Froom, 2017 ONSC 1166 has certainly caused a media sensation and sent tongues wagging...
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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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Pitfalls in Termination Clauses
Wednesday, March 8, 2017Employment Law, LitigationTermination, Reasonable Notice
Employment contracts often contain termination rights of the parties. In particular there is often a clause permitting the employer to terminate on a...
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Lawyer’s Beware: Extending the Duty of Care beyond the Scope of the Retainer
Wednesday, March 1, 2017Lauren KasonLitigation, Professional Liability, Solicitor’s Duties
The recent case of Meehan v Good, 2017 ONCA 103, has some unsettling implications for lawyers, as the case leaves open the possibility of extending a lawyer’s duty of care beyond the scope of the written retainer agreement even where the...
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Summary judgment motion in actions for wrongful dismissal started under the Simplified Procedure rule: A new way forward
Wednesday, February 22, 2017Dara Hirbod, Kevin W. FisherLitigationSummary Judgment, Rules of Civil Procedure, Wrongful Dismissal
Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit, to commence a claim under the...
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Landlords Need to be Careful When Declining a Rental Application
Wednesday, February 1, 2017Rob WintersteinLitigation, Landlord and Tenant Law, Human Rights LawResidential Tenancies
Recently, a Toronto landlord found herself the subject of a news article on CBC.com and the subject of discussions on various news radio...
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Transfers at an Undervalue; Backfires in Creditor Proofing
Wednesday, January 25, 2017Bankruptcy and Insolvency, LitigationBankruptcy, Insolvency, Transfer at an undervalue
Individuals faced with financial pressures and money problems understandably try to protect what little assets they may have left. In particular they...
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Collecting legal fees: The Small Claims Court is back in business
Wednesday, January 18, 2017Stephen A. ThieleSolicitors Act, LitigationLegal Fees, Small Claims Court
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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Construction Lien Act: Proposed change highlights
Wednesday, January 11, 2017Bryan SkolnikLitigationConstruction
The Ministry of the Attorney General recently released a report reviewing Ontario’s Construction Lien Act.
While the Ministry supports maintaining the current lien/holdback regime, it also recommends....
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“Fashion Santa”: An Intellectual Property Yuletide Carol
Wednesday, December 21, 2016Chris JuniorIntellectual Property, LitigationCopyright, Trademarks, Santa Claus, Retail Shopping
Last year, Paul Mason became a social media phenomenon while working the holiday season as a pseudo...
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Check Before You Rent
Wednesday, December 14, 2016Stephen A. ThieleReal Estate, LitigationCondominium, Rental Property, Tenant
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. ThieleIntellectual Property, Litigation, Common LawHockey, Trademarks, NHL, Copyright, 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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Trumps N.A.F.T.A. promise a potential blessing for Canada
Monday, November 21, 2016Anna HusaLitigationNAFTA, Free Trade, Trump
It has been almost two weeks since Donald Trump was elected President of the United States of America. The election results have created a considerable amount of...
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Only My Trial Judge Can Judge Me: Pre-Trial Judge, Don’t Judge My Summary Judgment Motion
Wednesday, November 9, 2016Dara HirbodLitigation
Most lawyers have taken for granted, or assumed it was trite, that the Rules of Civil Procedure expressly prohibit a pre-trial conference Judge from hearing a subsequent summary judgment motion in the same matter. Put simply, the Rules...
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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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Gilmor v. Nottawasaga Valley Conservation Authority: The pending appeal and what’s at stake
Wednesday, October 26, 2016Land Use Regulation, Litigation, Conservation, Environmental Law
On December 20, 2016, the Ontario Court of Appeal will hear an appeal of an appeal overturning a refusal by a Conservation Authority to issue a permit for development of...
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Civil Liability for STDs and Jurisdiction
Wednesday, October 5, 2016Stephen A. ThieleCivil Law, LitigationBaseball, 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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Costs: An Effective Tool to Address Frivolous Claims
Wednesday, September 28, 2016Bill MichelsonLitigationFull Indemnity, Costs
The Department of Justice states that Canadian Courts help people resolve disputes fairly, that they interpret and pronounce law, set standards, and...
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Small Claims Court Has Jurisdiction to Decide Claims for Damage to a Rental Unit (if the tenant is no longer in possession)
Wednesday, September 14, 2016Rob WintersteinLitigation, Residential Tenancies, Landlord and Tenant LawTenant, Landlord, Damage to Rental Unit, Jurisdiction
It has not been uncommon for Deputy Judges of the Small Claims Courts in Ontario to dismiss claims by landlords for damage to a rental unit. Most often the stated basis for...
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Arbitration clauses in employment agreements: are they enforceable?
Wednesday, August 24, 2016Bryan SkolnikEmployment Law, LitigationArbitration, Employment Agreements, Sales Incentive Plan
Many employment agreements contain clauses which require the parties to submit to arbitration or some other dispute resolution mechanism prior to or ...
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Pokemon “No!”
Wednesday, August 17, 2016Stephen A. ThieleMunicipal Law, Criminal Code, LitigationGeneral Interest, Technology, Mobile Phones
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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Ontario Court of Appeal Says There is No Reasonable Expectation of Privacy in a Text Message
Wednesday, August 10, 2016Alexander MelfiLitigation, Privacy Law, Charter of Rights and FreedomsMobile Phones, Technology
The smartphone has quickly become one of the fastest-selling electronic gadgets in history, with some estimates indicating that more than...
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Summer Travels Outside Of Canada? Be Aware
Thursday, August 4, 2016Scott GfellerInsurance Act, LitigationMedical Insurance, Travel Insurance, Travel
Your bags are packed and you suddenly remember that you haven’t purchased travel medical insurance. After employing your finely honed “google-fu” you make a call to...
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Ontario to Stop Paying for High-Dose Opioids
Wednesday, July 27, 2016Lad KucisHealth Law, Litigation
On July 20, 2016, the Ministry of Health and Long-Term Care posted a Notice that it will be removing higher strength doses of long-acting opioids from...
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Securities Distributions Outside of Canada. A Summary of the OSC's Proposed Rule 72-503
Tuesday, July 26, 2016Kathleen Skerrett, Heather ZordelCapital Markets, Business Law, Securities Law, LitigationOntario Securities Commission, Rule 72-503
The line designating when the Ontario Securities Commission (OSC) will regulate a distribution of securities is being redrawn. The current “rule”, Interpretation Note 1 Distributions of Securities Outside Ontario under a repealed OSC Policy 1.5 (OSC Interpretation Note 1.5) has...
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Toronto Plans Looks To Boost Road Safety
Wednesday, July 20, 2016Chris JuniorAdministrative Law, Constitutional Law, LitigationEntertainment, General Interest, Toronto
In the past two weeks, the City of Toronto saw the manifestation (albeit coincidentally) of two very distinct yet related events; the release of Pokémon Go and...
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Lessons learned from Brexit?
Wednesday, July 13, 2016Anna HusaLitigationBrexit, European Union, United Kingdom, Referendum
On June 23, 2016, Britain held a historic referendum on its membership in the European Union. Today, three weeks later, the world is still reeling from...
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Regina v Comeau Has Profound Implications For Interprovincial Trade
Wednesday, June 29, 2016Ian A. BlueAdministrative Law, Constitutional Law, LitigationImportation of Intoxicating Liquors Act, New Brunswick, Supreme Court of Canada, Liquor Control Act
The recent New Brunswick court decision in Regina v Comeau, April 29, 2016 has profound implications for interprovincial trade. The court held that a provision of the New Brunswick Liquor Control Act prohibiting...
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Holding the Bag: Re Redwater and the Road Ahead
Wednesday, June 22, 2016Litigation, Insolvency law, Environmental LawAlberta, Oil Sands, PHC contamination
I’ll leave the proselytizing on the Fort McMurray wildfires and notions of karma to the pundits. What I want to talk about is...
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It's The Little Things In Life That Count
Wednesday, June 15, 2016Gavin J. TigheLitigation, LegalRob Ford, Toronto Politics, Toronto, General Interest
Many people have asked me what it was like to be the lawyer for former Toronto Mayor Rob Ford. Rob’s recent passing left those who knew and supported him saddened and those who did not confounded as to...
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Transport Canada Mulls Drone Regulations And Their Potential Impact On You
Wednesday, June 8, 2016LitigationTransport Canada, Drone
“Unmanned air vehicle, model aircraft, remotely piloted aircraft system, drone. Call it what you want, but always Think Safety First.” Transport Canada.
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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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