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

In R. v. Trought, 2021 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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Thursday, June 3, 2021James R.G. CookLitigationTenant, Landlord, Ontario Court of Appeal , Courts of Justice Act, Restaurant

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

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

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

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

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

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

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

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

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

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

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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Monday, December 7, 2020James R.G. CookLitigationDamages, 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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Wednesday, December 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Ontario Court of Appeal , Stouffville, Misrepresentation

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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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

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

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

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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