Blog

Blog

18 Nov

Home owner obtains certificate of pending litigation to stop power of sale

Friday, November 18, 2022James R.G. CookLitigationReal Estate, Courts of Justice Act

SHARE:

Parties who are seeking an interest in a property may seek to register a certificate of pending litigation (CPL) on title for the...

Read the full post, click here.

1 Nov

Anonymization and sealing requests in Ontario civil proceedings

Tuesday, November 1, 2022James R.G. CookLitigationRules of Civil Procedure, Real Estate, Courts of Justice Act

SHARE:

Closed proceedings, sealing orders and publication bans are rare in civil actions in Ontario. When a court decision in a civil proceeding is published it normally bears the names of the parties in the title of...

Read the full post, click here.

17 Oct

Pro-life group’s defamation claim against “online protestor” allowed to proceed

Monday, October 17, 2022Stephen A. ThieleLitigationSocial Media, Courts of Justice Act

SHARE:

Social media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and...

Read the full post, click here.

29 Aug

Lawyer’s defamation action allowed to proceed in Small Claims Court

Monday, August 29, 2022James R.G. CookLitigationSmall Claims Court, Courts of Justice Act

SHARE:

Ontario’s Small Claims Court is intended to provide litigants with a cost-effective forum for civil claims up to $35,000, including claims for defamation. Defamation claims in the...

Read the full post, click here.

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

SHARE:

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

Read the full post, click here.

19 Apr

You Can’t Fight City Hall

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

SHARE:

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...

Read the full post, click here.

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

SHARE:

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...

Read the full post, click here.

31 Mar

Public protest against trucking company not a matter of public interest

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

SHARE:

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...

Read the full post, click here.

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

SHARE:

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 

Read the full post, click here.

3 Mar

Claim for defamatory tweets dismissed

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

SHARE:

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... 

Read the full post, click here.

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

SHARE:

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

Read the full post, click here.

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

SHARE:

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...

Read the full post, click here.

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

SHARE:

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...

Read the full post, click here.

28 Jan

Defamation action against Ontario Premier dismissed under Courts of Justice Act

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

SHARE:

Early last year, the Premier of Ontario, Doug Ford, in a highly sensationalized lawsuit was sued for defamation by a former Deputy Commissioner and... 

Read the full post, click here.

Subscribe Now