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9 Apr

County Festival Feud: Plaintiff fails to prove verbal agreement or bad faith against festival organizers and municipality

Friday, April 9, 2021James R.G. CookLitigationOntario Limitations Act, Powassan, Municipal Act, Contract Law

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The annual “Smoke ‘N’ Spurs Festival” on the Labour Day Weekend in Powassan, Ontario, commenced in 2013. A caterer for the Festival from 2013-2015, claimed that he was lured away...

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15 Jan

Home Owners Ordered to Remove Pool built over Municipal Easement

Friday, January 15, 2021James R.G. Cook, Jonathan James NehmetallahLitigation, Real EstateMunicipal Act, Easement

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Home buyers would do well to ensure that their local municipal by-laws and easements do not prohibit their development plans before they embark...

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28 Oct

Injunction Granted to Hotel to Enforce Noise By-Law

Wednesday, October 28, 2020James R.G. CookLitigation, Municipal LawEnvironmental Protection Act, Municipal Act

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Potential harm to a hotel’s online reputation for providing a quiet night’s sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour. In JJ’s Hospitality v. Kal Tire2020 ONSC 6198 (CanLII), a hotel in...

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