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17 Jan

Watchdog’s defamation action against municipality allowed to continue

Monday, January 17, 2022Stephen A. ThieleLitigationDefamation, Political Law, Torts, SLAPP

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

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4 Jan

CBC liable for defaming investment advisor

Tuesday, January 4, 2022James R.G. CookLitigationDefamation, CBC

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In June 2012, the Canadian Broadcasting Corporation (CBC) televised two news stories featuring a retired Canadian Pacific Railway employee who claimed to have lost more than half of...

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31 Dec

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

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

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Politicians are not above the law. Indeed, they occupy a position in our democratic society which obligates them to behave with the utmost integrity and in accordance with the office they...

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23 Dec

Prophylactic disgorgement order in case of corporate malfeasance imposed by Ontario Court of Appeal

Thursday, December 23, 2021James R.G. CookLitigationVenture Capital, Funds

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In a decision that involved “acceptable standards of corporate conduct in Canada,” the Ontario Court of Appeal addressed the breakdown of the relationship between five founders of a venture capital fund...

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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

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A Last Will and Testament is an important document that, among other things, permits the smooth distribution of a person’s estate after his or her death. It is, of course,...

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20 Dec

Cineplex awarded $1.2 billion following failed pandemic courtship

Monday, December 20, 2021James R.G. CookLitigationMaterial Adverse Effect (MAE)

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In a remarkable trial decision resulting from a breach of contract claim commenced during the COVID-19 pandemic, Cineplex Inc. obtained a damages award in the amount of $1.2 billion against the former suitor of...

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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

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On November 29, 2021, I wrote a Gardiner Roberts LLP “Keeping Current” article on the decision in Corporation of the Township of Brudenll, Lyndock and Raglan (Integrity Commissioner) v. Budarick, 2021 ONSC 7635 (CanLII). In that...

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14 Dec

Court sets aside non-competition injunction

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

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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...

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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

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Lawyers are obligated to avoid acting on matters where they have a conflict of interest. A lawyer cannot act against a current client and must follow certain ethical rules and practices when acting for...

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2 Dec

Law firm obtains injunction against former associate after Thanksgiving weekend coup

Thursday, December 2, 2021James R.G. CookLitigation

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At 1 p.m. on the Friday afternoon of the October 2021 Thanksgiving long weekend, a lawyer employed as an associate in the Brampton location of the firm...

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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

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Hockey is one of Canada’s most popular sports. From a young age, many children are taught how to skate and are either registered in organized ice hockey leagues or...

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29 Nov

Sellers not allowed to rely on “escape clause” to accept a better offer

Monday, November 29, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

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In some cases, sellers may wish to ‘hedge their bets’ by accepting a conditional offer that contains a term allowing them to continue to market the property for sale until... 

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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

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

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26 Nov

Porch bandits - adverse possession remains alive and well in Toronto

Friday, November 26, 2021James R.G. CookLitigationLand Title Act, GTA Real Estate

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The doctrine of adverse possession remains alive and well in Toronto despite the conversion of most properties into the Land Titles registry system many...

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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. TigheLitigationDefamation, Torts, SLAPP

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Section 137.1 of the Courts of Justice Act (the “CJA”) has made it harder for a plaintiff to maintain a defamation action against a defendant where the issue related to the expression involves a matter of...

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22 Nov

Unfulfilled Promise to Transfer Family Property Upheld by Court of Appeal for Ontario

Monday, November 22, 2021James R.G. CookLitigation, Estate Planning

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In a recent decision, the Court of Appeal addressed the longstanding relationship in estate litigation between the enforceability of promises, unjust enrichment, and the remedy...

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5 Nov

Lawyer who was not provided the opportunity to be heard about breach of duty to the court was denied procedural fairness

Friday, November 5, 2021James R.G. CookLitigationProcedural Fairness

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Professional reputations which take years to build can be damaged by negative comments in judicial reasons, which are publicly available on CanLII and...

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3 Nov

Realtor’s full and final release extended to cover brokerage

Wednesday, November 3, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate

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Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and...

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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

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In general, rules governing the amendment of pleadings in a civil action are generous. Courts are mandated to allow amendments. However in circumstances where an...

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1 Nov

Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan

Monday, November 1, 2021James R.G. CookLitigationLoans, Real Estate, GTA Real Estate, Monetary Gift, Brampton

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Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of...

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1 Nov

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

Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationRules of Civil Procedure, Real Estate

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

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29 Oct

Investor required to return funds received for limited partnership units based on calculation mistake

Friday, October 29, 2021James R.G. CookLitigation

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In certain circumstances, the legal doctrines of common mistake and rectification may provide a remedy to a party who has paid out funds that are based upon admitted errors in...

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28 Oct

Lawyer wins $500,000 in defamation action

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

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Damage awards in a defamation case can be significant. This is especially the case where the person defamed is a professional. In Soliman v. Bordman, 2021 ONSC 7023, a prominent and...

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28 Oct

Examining former NHL player Kyle Beach’s sexual abuse lawsuit from a Canadian Employment law perspective

Thursday, October 28, 2021Soma Ray-EllisLitigation, Employment LawOccupational Health and Safety Act, Ontario Human Rights Code

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On Wednesday, former Chicago Blackhawks forward Kyle Beach came forward and identified himself as ‘John Doe’, the individual who filed a lawsuit against the NHL team over how...

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26 Oct

Buyers bound to agreement of purchase and sale negotiated by family friend

Tuesday, October 26, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

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Buyers who rely on real estate services provided by a family friend would do well to ensure that they are fully aware of the consequences of entering into a...

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25 Oct

Mortgage lender did not breach duty of honest contractual performance

Monday, October 25, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act

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A mortgage lender enforcing its rights under a mortgage may owe the borrower a duty to do so honestly and in good faith. However, this does not mean that...

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21 Oct

Defamer gets 18 month jail sentence for contempt of court

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

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In the law of defamation, we only tend to think about the damages that are awarded for a person’s loss of reputation or the intellectual analysis conducted by... 

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19 Oct

Ontario’s “appropriate means” test for limitation periods after Grant Thornton v. New Brunswick

Tuesday, October 19, 2021James R.G. CookLitigationLimitation Periods, Ontario Limitations Act

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As we recently wrote, the Supreme Court of Canada’s recent decision on limitation periods in Grant Thornton v New Brunswick, 2021 SCC 31 (CanLII), left open the question of how

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18 Oct

Snapchat post results in liability for defamation

Monday, October 18, 2021James R.G. CookLitigationDefamation, Social Media

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Capturing and reposting a screen shot of a private Snapchat photo sent by another person can result in liability for damages if it includes defamatory comments about...

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15 Oct

Incorrect Counting of Unused Ballots Results in Judicial Recount

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

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An election is not officially over until all of the ballots are counted and the results are certified by the Chief Electoral Officer. This includes the...

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