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7 Jun

Conviction set aside due to ineffective assistance of trial counsel

Monday, June 7, 2021James R.G. CookLitigationOntario Court of Appeal , Canadian Charter of Rights and Freedoms

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In R. v. Trought2021 ONCA 379 the Court of Appeal for Ontario ordered a new trial for a man convicted of possession of cocaine for the purposes of trafficking on...

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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

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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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26 May

Duty of professionals to respond promptly and cooperatively with regulators

Wednesday, May 26, 2021James R.G. CookLitigationRules of Professional Conduct, Ontario Court of Appeal , Law Society of Ontario

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The Ontario Court of Appeal has confirmed that professionals have a duty to cooperate promptly and fully with their regulator during the course of...

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25 May

Buyer loses $100,000 deposit after refusing to purchase condominium

Tuesday, May 25, 2021James R.G. CookLitigationAgreement of Purchase and Sale, Ontario Court of Appeal , Real Estate

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It is settled law in Ontario that when a buyer fails to complete an agreement of purchase and sale, the seller is entitled to retain the deposit without having to prove any loss. This means that... 

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22 Apr

Potentially fake app messages result in appeal from firebombing conviction

Thursday, April 22, 2021James R.G. CookLitigationOntario Court of Appeal , Facebook, Fake News, Text Now , SMS Text Messages

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We have previously addressed the concerns of a civil court judge about the perils of having to deal with “fake news” in the form of spoofed emails and electronic documents. The Ontario Court of Appeal has addressed similar concerns as to...

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6 Apr

Recent treatment of the duty to defend in Ontario courts

Tuesday, April 6, 2021James R.G. Cook, Kenneth JullLitigationInsurance Policy, Ontario Court of Appeal , Negligence, Insurance Law, Policy, Class Action

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Where there is a dispute between an insurer and an insured over the insurer’s duty to defend a claim being made against an insured, the insured will ordinarily need to bring an application for... 

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15 Mar

Estate’s claim to recover $700,000 gift from elderly man to fiancée dismissed

Monday, March 15, 2021James R.G. CookLitigationOntario Court of Appeal , Trustee Act

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We have previously written about gratuitous transfers of real estate between family members, and the requirement on the recipient’s part to prove that the transfer was intended to be a gift if the purpose... 

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22 Feb

Letters of Request denied for access to confidential business information

Monday, February 22, 2021James R.G. CookLitigationOntario Court of Appeal , Letters of Request, Referral Agreement

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The process by which a foreign court seeks the assistance of an Ontario court to gather evidence for use in local proceedings, as discussed...

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5 Feb

Criminal proceedings and the civil defamation claim: A limitation period lesson

Friday, February 5, 2021Stephen A. ThieleLitigationDefamation, Ontario Court of Appeal , Limitations Act

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In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from... 

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18 Jan

Notoriously Bad Movie leads to Unprecedented Order for Security for Costs of Trial Judgment

Monday, January 18, 2021James R.G. CookLitigationCopyright, Rules of Civil Procedure, Ontario Court of Appeal , Copyright Act, Documentary Film-makers

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For perhaps the first time, the Ontario Court of Appeal has ordered an unsuccessful litigant to post security for costs of a trial judgment before being allowed to proceed with...

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4 Jan

Recent Treatment of Letters of Request from U.S. Courts by the Ontario Court of Appeal

Monday, January 4, 2021Stephen A. Thiele, James R.G. CookLitigationOntario Court of Appeal , Letters of Request, Ontario Evidence Act

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As a result of the highly integrated economies and efficient cross-border movement between Canada and the United States (at least prior to the 2020 pandemic), the courts in each country frequently seek each other’s...

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14 Dec

Civil Conspiracy Established against Directors of Shell Company for Loss of Investment

Monday, December 14, 2020James R.G. CookLitigation, Civil LawFraud, Ontario Court of Appeal

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The Ontario Court of Appeal has confirmed that liability for civil conspiracy may arise from the “constructive intent” of a defendant to cause harm even if they are not in direct communication with the plaintiff during...

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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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2 Dec

Misrepresentation in Square Footage leads to Rescission of Agreement of Purchase and Sale

Wednesday, December 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Ontario Court of Appeal , Stouffville, Misrepresentation

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A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ontario resulted in the rescission of the Agreement of Purchase and Sale... 

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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 EstateDamages, Cottage Country, Ontario Court of Appeal , Lake Simcoe, Ontario Ministry of Natural Resources and Forestry , 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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9 Oct

Township’s Prescriptive Easement Upheld by Court of Appeal

Friday, October 9, 2020James R.G. CookMunicipal Law, LitigationLand Registry, Ontario Court of Appeal , Land Title Act

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In Paleshi Motors Limited v. Woolwich (Township)2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...

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5 Oct

Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions

Monday, October 5, 2020James R.G. CookLitigation, Real EstateOntario, Development, Ontario Court of Appeal , Land Title Act, Restrictive Covenant

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A recent decision of the Ontario Court of Appeal dismissed a developer’s attempt to enforce a “building scheme” restricting the construction of an...

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