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24 Jun

Relief from forfeiture not granted where buyer claimed lack of capacity to enter into real estate purchase agreement

Friday, June 24, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Courts of Justice Act

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As real estate markets fall, buyers are sometimes left scrambling to find alternate sources of financing when the available mortgage funds turn out...

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19 Apr

You Can’t Fight City Hall

Tuesday, April 19, 2022Stephen A. ThieleLitigationCourts of Justice Act

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There is an old adage that “you can’t fight City Hall”. The phrase originated in the United States to encapsulate the idea that an ordinary person cannot overcome...

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6 Apr

Defendants who denied making impugned defamatory expressions unable to utilize anti-SLAPP law

Wednesday, April 6, 2022Stephen A. ThieleLitigationAnti-SLAPP Legislation, Courts of Justice Act

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Anti-SLAPP legislation in British Columbia and Ontario is producing interesting decisions and requiring courts to continue to consider the scope of the legislation. The Supreme Court of Canada...

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31 Mar

Public protest against trucking company not a matter of public interest

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

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Not all public protests are necessarily created equal. While most public protests will be viewed as having a public interest component, some might be viewed as either being...

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18 Mar

Presumptive costs award under anti-SLAPP law granted against Maxime Bernier

Friday, March 18, 2022Stephen A. ThieleLitigationAnti-SLAPP Legislation, Courts of Justice Act

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Defamation actions that involve matters of public interest can be risky because under section 137.1 of the Courts of Justice Act (“CJA”) a defendant can 

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3 Mar

Claim for defamatory tweets dismissed

Thursday, March 3, 2022James R.G. CookLitigationDefamation, Courts of Justice Act, Twitter

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Can one who freely wades into the choppy waters of Twitter complain about getting splashed? So asked the Ontario Superior Court of Justice in a recent case involving allegedly... 

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7 Oct

Plaintiffs ordered to pay costs of $164,186 after trying to bully defendants into removing negative online reviews

Thursday, October 7, 2021James R.G. CookLitigationRules of Civil Procedure, Anti-SLAPP Legislation, Online Review, Courts of Justice Act

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Plaintiffs who commence a defamation action would be well-advised to consider the potential consequences of having the claim dismissed at an early stage...

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3 Jun

Court of Appeal affirms judicial notice of anti-black racism in granting relief from forfeiture

Thursday, June 3, 2021James R.G. CookLitigationTenant, Landlord, Ontario Court of Appeal , Courts of Justice Act, Restaurant

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In 8573123 Canada Inc. (Elias Restaurant) v. Keele Sheppard Plaza Inc.2021 ONCA 371, the Ontario Court of Appeal affirmed an application judge’s decision which...

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27 May

92-year old minority shareholder obtains oppression remedy

Thursday, May 27, 2021James R.G. CookLitigationShareholders’ Agreement, Courts of Justice Act, Ontario Business Corporations Act

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In V.M. Koury Investments Ltd. v. Bolton Steel Tube Co. Ltd., 2021 ONSC 3408 (CanLII), the 92-year old applicant owned 30% of the shares...

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28 Jan

Defamation action against Ontario Premier dismissed under Courts of Justice Act

Thursday, January 28, 2021Stephen A. Thiele, Gavin J. TigheLitigationDefamation, Police Services Act, Members’ Integrity Act, Courts of Justice Act, Political Law

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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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