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14 May

$500,000 in damages awarded for comments about yellow Ferrari’s ownership

Friday, May 14, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts

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Cars are a tremendous invention. Historically, among other things, cars changed the way that people travelled and reduced significantly the travel time between destinations. Cars are certainly very popular and...

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2 Feb

Disgorgement of profits could be a potential remedy in a defamation action

Tuesday, February 2, 2021Stephen A. ThieleLitigationDefamation, British Columbia, Damages

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Remedies are an important aspect of any case. In the law of defamation, the usual remedy sought by most plaintiffs is general damages for reputational harm. In a defamation case...

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7 Dec

Ontario Court of Appeal Upholds Doctor’s Damages for Defamatory Postings on RateMDs.com

Monday, December 7, 2020James R.G. CookLitigationDefamation, Damages, Ontario Court of Appeal

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In response to a series of negative and untruthful online reviews, a medical doctor sued the author of the posts for defamation and was awarded...

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27 Nov

Injunction to Remove Allegedly Defamatory Social Media Posts Dismissed

Friday, November 27, 2020James R.G. CookLitigationDefamation, Damages, Social Media, BLM Movement, Free Speech

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A recent case of the Ontario Superior Court of Justice illustrates the difficulties that a plaintiff may encounter when seeking to stop allegedly defamatory posts...

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9 Nov

Dock Dispute leads to Nuisance Claim and $598,000 Costs Award

Monday, November 9, 2020James R.G. CookLitigation, Real EstateCottage Country, Ontario Court of Appeal , Damages, Ontario Ministry of Natural Resources and Forestry , Lake Simcoe, Boat Dock

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After years of litigation, a dispute between neighbours of waterfront properties on Lake Simcoe led to a mandatory order requiring the removal...

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23 Oct

Discovery of Water Damage Insufficient to Terminate Real Estate Purchase Transaction

Friday, October 23, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Damages, Flooding, Insurance Policy

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In Bilotta v. Booth2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...

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20 Oct

Real Estate Investor’s Claim for Lost Opportunity Damages Rejected

Tuesday, October 20, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Damages

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In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice...

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14 Oct

Caveat Emptor Applied to Alleged Basement Flooding Damage

Wednesday, October 14, 2020James R.G. CookLitigation, Real EstateFlooding, Termination, Damages

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In Giancola v. Dobrydnev, 2020 ONSC 6007 (CanLII), the Ontario Superior Court of Justice rejected a buyer’s attempt to...

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2 Sep

Buyer’s Claim for Lost Value Damages of a Residential Subdivision Home

Wednesday, September 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Contract Law, Damages

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The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...

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