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Builder, surveyor, and municipality liable for encroachment of dwelling built on neighbour’s land (Armstrong v. Penny)
Friday, October 20, 2023James R.G. CookLitigationCourts of Justice Act, Conveyancing Law and Property Act, Real Estate, Municipal Law, Surveyor
In Armstrong v Penny, 2023 ONSC 2843 (CanLII), the Ontario Superior Court of Justice addressed a homeowners’ nightmare...
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Realtor’s action for invasion of privacy and conspiracy dismissed under Anti-SLAPP law (Riopelle v. Riopelle)
Monday, June 12, 2023James R.G. CookLitigationAnti-SLAPP, Courts of Justice Act, Real Estate
Court decisions continue to show that Ontario’s “Anti-SLAPP” legislation may be used to dismiss claims that are not limited to...
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Counterclaim for breach of fiduciary duty in wrongful dismissal action dismissed under anti-SLAPP legislation
Monday, April 10, 2023James R.G. CookLitigationCourts of Justice Act, Anti-SLAPP, Defamation
While defamation lawsuits continue to receive the most judicial attention under Ontario’s anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation, the statutory remedy has also proven...
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Defence of qualified privilege available to Township for posting letters from public
Monday, February 13, 2023James R.G. CookLitigationMunicipal Act, Courts of Justice Act, Planning Act
Municipal site plan applications have a public component that may expose an applicant to complaints from people who are opposed to their plans. As part of the...
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Anti-SLAPP motion fails to stop Canadian Tire’s claim against alleged perpetrators of fraudulent after-sales service program
Friday, December 2, 2022James R.G. CookLitigationFraud, Courts of Justice Act, Anti-SLAPP
Motions under section 137.1 of the Ontario Courts of Justice Act (CJA) are typically brought to dismiss defamation claims involving expressions on matters of public interest. However, while the...
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Home owner obtains certificate of pending litigation to stop power of sale
Friday, November 18, 2022James R.G. CookLitigationReal Estate, Courts of Justice Act
Parties who are seeking an interest in a property may seek to register a certificate of pending litigation (CPL) on title for the...
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Anonymization and sealing requests in Ontario civil proceedings
Tuesday, November 1, 2022James R.G. CookLitigationRules of Civil Procedure, Real Estate, Courts of Justice Act
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...
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Pro-life group's defamation claim against "online protestor" allowed to proceed
Monday, October 17, 2022Stephen A. ThieleLitigationSocial Media, Courts of Justice Act
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...
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Lawyer’s defamation action allowed to proceed in Small Claims Court
Monday, August 29, 2022James R.G. CookLitigationSmall Claims Court, Courts of Justice Act
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...
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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
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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Public protest against trucking company not a matter of public interest
Thursday, March 31, 2022Stephen A. ThieleLitigationCourts of Justice Act
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 ...
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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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Claim for defamatory tweets dismissed
Thursday, March 3, 2022James R.G. CookLitigationCourts of Justice Act, Twitter
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 defamatory tweets and...
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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 Reviews, Courts of Justice Act
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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Court of Appeal affirms judicial notice of anti-black racism in granting relief from forfeiture
Thursday, June 3, 2021James R.G. CookLitigationOntario Court of Appeal, Tenant, Landlord, Restaurant, Courts of Justice Act
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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92-year old minority shareholder obtains oppression remedy
Thursday, May 27, 2021James R.G. CookLitigationShareholders’ Agreement, Courts of Justice Act, Ontario Business Corporations Act
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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Defamation action against Ontario Premier dismissed under Courts of Justice Act
Thursday, January 28, 2021Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationDefamation, Funds, Police Services Act, Members’ Integrity Act, Courts of Justice Act, Political Law
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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Plaintiffs who started debate on matters of public interest have defamation claim dismissed
Wednesday, January 20, 2021Stephen A. ThieleLitigationDefamation, Courts of Justice Act
Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often...
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Volunteer Coaches' Defamation Claim Dismissed as Contrary to Public Interest
Monday, November 2, 2020James R.G. CookLitigationOntario Superior Court of Justice, Courts of Justice Act, Ringette, Coaching, Defamation
The Ontario Superior Court of Justice dismissed a defamation claim which arose from an email sent by parents of a competitive ringette player expressing their dissatisfaction with ...
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