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6 Feb

Discipline Decisions Leading to Health Provider De-Listings by Insurance Companies

Thursday, February 6, 2025Lad KucisHealth Law, LitigationDe-Listings , Insurance Companies, Discipline

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Over the past year, I have witnessed a growing trend of insurance companies de-listing regulated health professionals (i.e. chiropractors, physiotherapists, etc)...

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4 Feb

Responding to Complaints Before the College of Chiropodists of Ontario (COCOO): A Defence Lawyer’s Perspective

Tuesday, February 4, 2025Lad KucisHealth Law, LitigationComplaints, Chiropodists, Ontario

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As legal counsel for chiropodists, we are regularly asked questions about the complaints process before the College of Chiropodists of Ontario (“COCOO”)...

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4 Feb

Defamation claim survives dismissal under doctrine of absolute privilege (Drabinsky v. Kepinski)

Tuesday, February 4, 2025James R.G. CookLitigationDefamation, Absolute Privilege

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The doctrine of absolute privilege may shield communications that are made during the course of legal proceedings from defamation claims...

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3 Feb

Can a real estate agent be liable for a tenant’s damages? (Carola v. VIP Reality Inc.)

Monday, February 3, 2025James R.G. CookLitigationTenant, Damages

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In addition to acting on purchases and sales, real estate agents may be engaged to find tenants for their clients...

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3 Feb

When enough is enough: Request for liquidator to conduct claims process denied on basis of issue estoppel (Vastis v. Kommatas)

Monday, February 3, 2025Kevin W. Fisher, James Beesley, Eli Bordman, Isabel YooLitigationres judicata, issue estoppel

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In contentious litigation, adverse parties often engage in multiple rounds of litigation, whether that be motions, trials or appeals...

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30 Jan

Clear wording of agreement leads to finding of several, not joint nor joint and several liability (SBLR LLP v. Valleymill Investments Ltd., Art Tile Limited, and McCarthy Tetrault LLP)

Thursday, January 30, 2025Isabel Yoo, Michael LauricellaLitigationUmpire Agreement, Dispute, Liability

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In a civil action, where there is more than one defendant, a plaintiff will often seek damages against the defendants on a joint and several basis...

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20 Jan

HPARB Complaint Reviews: 5 Tips for Regulated Health Professionals

Monday, January 20, 2025Lad KucisHealth Law, LitigationHealthcare, Health Services, Professionals, Complaints

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As a lawyer who regularly represents regulated health professionals i.e. pharmacists, chiropractors, massage therapists, etc...

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16 Jan

Potential liability for torts committed in sports (Cox v. Ball)

Thursday, January 16, 2025Stephen A. ThieleLitigation, Sports LawTorts, Sports, Professional Sports, Liability

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Participation in recreational sports is important for many people because it provides them with both positive physical and mental health benefits...

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14 Jan

Provincial Health Care Plans to Include Services Provided by Non-Physician Health Professionals

Tuesday, January 14, 2025Lad KucisLitigation, Health LawHealthcare, Health Services, Canada Health Act

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On January 10, 2025, the Federal Minister of Health released a long-awaited letter to Provincial and Territorial Ministers of Health outlining a new interpretation of the Canada Health Act, which will require public health care plans to provide payment for medically necessary, primacy care services rendered by nurse practitioners, pharmacists, and midwives...

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13 Jan

HPARB Declares ICRC Decision Unreasonable for Preferring Account of Complainant [Free v. Guertin (2025)]

Monday, January 13, 2025Lad KucisLitigation, Health LawHealthcare, HPARB, ICRC

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In this complaint review, a panel of the Health Professions Appeal and Review Board (HPARB) set aside a decision of the Inquiries, Complaints and Reports Committee (ICRC) of the College of Nurses of Ontario (CNO) to issue “advice”...

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6 Jan

Complaint Reviews at the Health Professions Appeal and Review Board (HPARB): The Essential Information (2025 Update)

Monday, January 6, 2025Lad KucisLitigation, Health LawHealthcare, HPARB, Complaints

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As legal counsel acting for all types of regulated health professionals i.e. pharmacists, chiropractors, massage therapists, etc...

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30 Dec

Defamation action arising out of relationship breakdown allowed to proceed, but no costs ordered (Brown v. Landriault)

Monday, December 30, 2024Stephen A. ThieleLitigationTorts, Defamation, Anti-SLAPP Motion, Unsuccessful

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The breakdown of intimate relationships can lead to a war of highly charged words that are published to third persons on social media...

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23 Dec

The newest word in regulatory offences (R. v. City of Greater Sudbury)

Monday, December 23, 2024Kenneth JullLitigationRegulatory Prosecutions, Occupational Health and Safety Act, Supreme Court of Canada

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The Supreme Court of Canada in 2024 delivered an important decision in the area of regulatory prosecutions in the case of R. v. Greater Sudbury (City)...

 

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23 Dec

Lawyer’s defamation action against former colleague dismissed

Monday, December 23, 2024Stephen A. ThieleLitigationTorts, Defamation, Elements, Loss of Reputation

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A law partnership is a cooperative but also a competitive environment...

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16 Dec

Execution before judgment rejected in claim arising from aborted transaction (Leanne Homes Limited v. Singh)

Monday, December 16, 2024James R.G. CookLitigation, Real EstateMareva injunction

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In Ontario, it may take several months to years before a plaintiff obtains judgment against a defendant in the...

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11 Dec

US Court finds proposed vacant home tax law unconstitutional

Wednesday, December 11, 2024Stephen A. ThieleLitigationTax, Vacant Home Tax, Constitutionality

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To combat shortages of housing and housing affordability, some governments in Canada have introduced a tax on vacant or unoccupied homes as a way to deter property owners from leaving their homes empty...

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6 Dec

Specific performance ordered in dispute between father and son over family home (Gill v. Gill)

Friday, December 6, 2024James R.G. CookLitigationDispute, Family home

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In some cases where a seller has breached an agreement to transfer title to a property, a buyer may seek an order for “specific performance” requiring that the transaction be completed instead of monetary damages...

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3 Dec

Ontario (College of Chiropodists of Ontario) v De Leon, 2024 ONCOCOO 7 (CanLII) Motion Denied to Disqualify Legal Counsel For A Conflict of Interest

Tuesday, December 3, 2024Lad KucisLitigation, Health LawConflict of Interest, Motion, CCO

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In this recent, novel case before the Discipline Committee of the College of Chiropodists of Ontario (CCO), the majority of the Panel rejected the CCO’s motion to have legal counsel for the chiropodist disqualified due to a conflict of interest, namely because he had previously provided legal services to the CCO while working at another law firm...

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2 Dec
26 Nov

Court rejects force majeure and frustration defences following aborted transaction (Liddell v. Mousavi)

Tuesday, November 26, 2024James R.G. CookLitigationAgreement of Purchase and Sale, Property

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Parties to a binding agreement to buy a property may wish to get out of the deal if their circumstances change before closing, particularly if they have not been able to secure financing by the closing date...

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25 Nov

Defendant business competitors liable for defamation campaign based on common design (Valley Traffic Systems Inc. v. Malak)

Monday, November 25, 2024James R.G. CookLitigationBritish Columbia, Defamation

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Defamatory publications that are intended to harm a business competitor may give rise to substantial damages, as shown by the decision of the Court of Appeal for...

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21 Nov

Damages awarded for slander of title and failure to complete transaction (McKenzie v. Fabco Holdings Inc.)

Thursday, November 21, 2024James R.G. CookLitigationReal Estate, slander

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Does the threat of litigation over a property allow a buyer to back out of a pending transaction? What are the consequences if the threatened...

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20 Nov

Enforcement under the Towing and Storage Safety and Enforcement Act is strict and unforgiving

Wednesday, November 20, 2024Conal CalvertLitigationTransportation & Logistics, Towing and Storage Safety and Enforcement Act, Consumer Protection Act, Statutory Powers and Procedures Act

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The new towing regime in Ontario is now in effect with the changes to the Towing and Storage Safety and Enforcement Act (“TSSEA”) and its...

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20 Nov

An Ounce of Prevention is Worth a Pound of Cure: The Importance of a Robust Document Retention Policy for Motor Carriers

Wednesday, November 20, 2024LitigationTransportation & Logistics, National Safety Code , Canada Labour Code

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For transportation services providers, proper document retention is an essential pillar of their operations. Carriers should ensure they...

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20 Nov

Competition in the Transportation Industry and Recent Amendments to the Competition Act

Wednesday, November 20, 2024Rui FernandesLitigationCompetition Act, Transportation & Logistics

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Over the last five years, there has been a rising concern by consumers about the cost of goods and services linked to the transportation...

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20 Nov

Supreme Court endorses support for airline passenger compensation regime (International Air Transportation Association v. Canada (Transportation Agency))

Wednesday, November 20, 2024Jamal RehmanLitigationTransportation & Logistics, Transport Canada, Air Passenger Protection Regulations, Canada Transportation Act, Carriage by Air Act

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On October 4, 2024, the Supreme Court of Canada released its long-awaited decision of International Air Transportation Association v. Canada...

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14 Nov

Homeowner staves off enforcement of judgment against co-owner’s registered interest (Brunton v. Lanzarotta)

Thursday, November 14, 2024James R.G. CookLitigationHomeOwners, Property, Title

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Ontario’s Land Titles Act is intended to be a true and accurate reflection of the state of title to a property...

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14 Nov

The Ownership and Operation of Health Clinics by Non-Health Professionals: The Case for Registration

Thursday, November 14, 2024Lad KucisLitigation, Health LawHealthClinics, Ownership

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In Ontario, a person can own and operate a health clinic without being registered with any oversight body...

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11 Nov

Lawyer’s letter protected from defamation claim by absolute privilege (Neve v. Adams)

Monday, November 11, 2024James R.G. CookLitigationDefamation, Lawyers

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Lawyers writing to third parties for information about their clients’ dispute may need to refer to the nature of the allegations at issue against adverse parties...

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7 Nov

Buyer fails to tender by withholding full purchase price (1785192 Ontario Inc. v. Ontario H Limited Partnership)

Thursday, November 7, 2024James R.G. Cook, Isabel YooLitigationReal Estate, Buyer, Seller, Withholding

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A buyer who wishes to dispute whether a seller has completed their obligations leading up to closing may wish to withhold the full amount of the agreed-upon purchase price... 

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