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Blog
Lender’s failure to provide mortgage discharge results in damages for borrower’s inability to complete secondary transaction (De Rita v. 1266078 Ontario Inc.)
Monday, July 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Damages
The failure to provide a mortgage discharge on a timely basis may expose a lender to damages arising from a borrower’s inability to access...
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Bank hit with $850,000 damages award for defaming former employee (Curtis v. Bank of Nova Scotia)
Monday, April 29, 2024Stephen A. ThieleLitigationTorts, Defamation, Evidence, Damages
In any civil action, evidence is important for the purposes of either proving or defending against a claim. While in most cases, the...
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Defamatory Online Postings and Cyber-Bullying Leads to One of the Highest Defamation Awards in Canada
Wednesday, July 12, 2023Isabel YooLitigationTorts, Defamation, Damages, Internet
Online defamatory statements have the potential to reach a global audience and maintain a perpetual existence. It is impossible to...
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Damages in a defamation action
Friday, November 18, 2022Stephen A. ThieleLitigationDamages, Torts, Defamation
Reputational harm is serious. It can have devastating impacts on the person whose reputation has...
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Lawyer wins $500,000 in defamation action
Thursday, October 28, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts
Damage awards in a defamation case can be significant. This is especially the case where...
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$500,000 in damages awarded for comments about yellow Ferrari’s ownership
Friday, May 14, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts
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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Disgorgement of profits could be a potential remedy in a defamation action
Tuesday, February 2, 2021Stephen A. ThieleLitigationDefamation, British Columbia, Damages
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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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
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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Injunction to Remove Allegedly Defamatory Social Media Posts Dismissed
Friday, November 27, 2020James R.G. CookLitigationDefamation, Damages, Social Media, BLM Movement, Free Speech
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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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
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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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
In Bilotta v. Booth, 2020 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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Real Estate Investor's Claim for Lost Opportunity Damages Rejected
Tuesday, October 20, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Damages
In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice...
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Caveat Emptor Applied to Alleged Basement Flooding Damage
Wednesday, October 14, 2020James R.G. CookLitigation, Real EstateFlooding, Termination, Damages
In Giancola v. Dobrydnev, 2020 ONSC 6007 (CanLII), the Ontario Superior Court of Justice rejected a buyer’s attempt to...
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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
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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