Blog
Blog
Looking Ahead to 2026: Freight Brokers, Motor Carrier Casualty Claims and the United States Supreme Court
Friday, January 2, 2026M. Gordon HearnLitigationTransportation & Logistics, Freight, Claim
The United States Supreme Court does not usually rule on transportation cases...
Read the full post, click here.
Civil claims struck due to privacy breach from unauthorized access to text messages (McCarrell v. McCarrell)
Monday, December 1, 2025James R.G. CookLitigationClaim, Privacy, Breach
Canadian law affords constitutional protection to privacy rights...
Read the full post, click here.
Court grants full indemnity costs following dismissal of frivolous and fabricated claim (Kovacevic v. Bank of Montreal)
Wednesday, November 26, 2025James R.G. Cook, Isabel Yoo, Michael LauricellaLitigationFull Indemnity, Dismissal, Claim
The Superior Court of Justice in Ontario has been faced with significant backlogs for some time, leading to delays in civil matters...
Read the full post, click here.
Thunder Bay Police Officer’s Defamation Claim against Law Student Dismissed (Gibson v. Cunningham)
Monday, September 29, 2025James R.G. CookLitigationDefamation, Claim, Dismissed
A defamation claim against a law student brought by a Thunder Bay police officer was dismissed under Ontario’s “anti-SLAPP” legislation: Gibson v. Cunningham, 2025 ONSC 5504 [not yet on CanLII]...
Read the full post, click here.
Disbarred lawyer’s claim against bank dismissed (Murray v. The Toronto-Dominion Bank)
Monday, September 8, 2025James R.G. CookLitigationClaim, Dismissed
Claims for negligence or breach of contract against a bank generally require that a plaintiff establish a clear unbroken link between the bank’s alleged error and any loss or damage suffered by the plaintiff as a result...
Read the full post, click here.
Claims struck for litigants’ failure to pay costs (Dunning v. Colliers Macaulay Nicolls; Condoman Developments v. Cannect International Mortgage)
Friday, June 27, 2025James R.G. CookLitigationClaim, Failure to Pay
Perhaps one of the more frustrating aspects of litigation is the inability to collect outstanding funds owing by an adverse party...
Read the full post, click here.
Defendants liable for costs of $579,000 in $58,000 claim (Gesualdi v. Conti)
Friday, May 30, 2025James R.G. CookLitigationLiability, Claim, Costs
Costs in Ontario court proceedings are generally awarded based on principles of success, proportionality, and the reasonable expectations of the parties...
Read the full post, click here.
Plaintiff’s defamation claim against siblings survives Anti-SLAPP motion (The Estate of Colombe Quesnel v. G. Quesnel)
Thursday, April 3, 2025James R.G. CookLitigationDefamation, Claim, Anti-SLAPP Motion
Family feuds can be bitter and nasty...
Read the full post, click here.
Claim for ineffective assistance of counsel dismissed as a collateral attack (Mann v. Royle)
Friday, March 28, 2025James R.G. CookLitigationClaim, Dismissed
In some cases, the doctrines of collateral attack and abuse of process may be invoked to strike a claim where a plaintiff has failed to pursue remedies, such as an appeal, which were available in earlier proceedings...
Read the full post, click here.
Claim struck against individual employee of corporate defendant (Soneri Invest v. Shell Canada)
Friday, March 14, 2025James R.G. CookLitigationClaim, Rules of Civil Procedure
In some claims against corporate defendants, plaintiffs may also seek to include individual representatives or employees as defendants...
Read the full post, click here.
Pleadings struck in $100 million claim due to party's repeated failure to produce relevant documents (Way v. Schembri)
Wednesday, February 19, 2025James R.G. CookLitigationClaim, Appeals, Relevant Documents
In civil litigation, the parties have a fundamental obligation to produce all documents that are in their possession, control or power which are relevant to the issues in dispute...
Read the full post, click here.