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Amendments to professional negligence claim denied following tardy expert report
Monday, November 21, 2022James R.G. CookLitigationRules of Civil Procedure, Negligence
Pleadings frame an action and determine the evidence that will be called at trial. The rules of pleadings generally require that...
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Anonymization and sealing requests in Ontario civil proceedings
Tuesday, November 1, 2022James R.G. CookLitigationRules of Civil Procedure, Real Estate, Courts of Justice Act
Closed proceedings, sealing orders and publication bans are rare in civil actions in Ontario. When a court decision in a civil proceeding is published it normally bears the names of the parties in the title of...
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Conspiracy claim against lawyers dismissed
Wednesday, August 3, 2022Stephen A. Thiele, James R.G. Cook, Dara HirbodLitigationRules of Civil Procedure, Fraudulent Conveyances Act
Conspiracy is a complicated tort. In order to succeed in such a claim, a plaintiff is required to establish various elements. Where those elements do not exist, a defendant can bring...
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Lawyer not vicariously liable to opposite party in failed real estate transaction
Thursday, June 23, 2022Stephen A. Thiele, James R.G. Cook, Daria RisteskaLitigationRules of Civil Procedure, Agreement of Purchase and Sale, Real Estate
There appears to be a growing propensity on the part of litigants to sue the opposite party’s lawyer when a transaction fails or something else...
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Golf game survives homeowners’ request for mandatory interlocutory injunction
Friday, March 25, 2022Stephen A. ThieleLitigationRules of Civil Procedure, Interlocutory Injunction
Owning a home neighbouring a golf course is a desirable thing. A golf course provides significant green space in a neighbourhood, and, among other things, provides an adjacent....
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Oppression claim for pre-shareholder conduct against directors and officers allowed to stand
Tuesday, February 15, 2022Stephen A. Thiele, Howard WolchLitigationRules of Civil Procedure
The Rules of Civil Procedure permit a court to strike a claim on the grounds that it discloses no reasonable cause of action. In general, the Court applies a “plain and obvious” test...
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Courts rejects corporation’s motion to be represented by a consultant
Monday, February 7, 2022Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure
Our justice system is designed to work efficiently and to adhere to the highest principles of integrity. In general, parties appearing before a court must either be represented by a lawyer...
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Lawyer not added as a defendant to counterclaim in real estate dispute
Tuesday, November 2, 2021Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure, Real Estate
In general, rules governing the amendment of pleadings in a civil action are generous. Courts are mandated to allow amendments. However in circumstances where an...
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Ontario Court of Appeal upholds setting aside of a notice of discontinuance
Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationRules of Civil Procedure, Real Estate
On August 3, 2020, lawyers at Gardiner Roberts LLP were successful in getting a notice of discontinuance set aside for their real estate brokerage...
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Plaintiffs ordered to pay costs of $164,186 after trying to bully defendants into removing negative online reviews
Thursday, October 7, 2021James R.G. CookLitigationRules of Civil Procedure, Anti-SLAPP Legislation, Online Review, Courts of Justice Act
Plaintiffs who commence a defamation action would be well-advised to consider the potential consequences of having the claim dismissed at an early stage...
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Late document disclosure may cause trial delays, adjournments, and dismissals
Tuesday, June 15, 2021James R.G. CookLitigationRules of Civil Procedure, Ontario Evidence Act
Parties involved in civil litigation are required to produce all relevant documents in their possession, control or power to the opposite side. The Court of Appeal for Ontario has stated that...
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A Judge’s Duty is to Judge
Monday, June 7, 2021Stephen A. ThieleLitigationRules of Civil Procedure, Legal Research
A judge plays many roles, but one of the most important is to render a decision between conflicting parties. In rendering a decision, a judge must...
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Letters of Request enforced in connection with U.S commercial litigation
Friday, May 28, 2021James R.G. CookLitigationRules of Civil Procedure, Letters of Request, Ontario Evidence Act
Recent decisions involving the enforcement of letters of request issued by U.S. courts reflect the continued openness of Ontario courts to...
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The judicial rant heard around the legal profession: a legal research lesson
Saturday, February 27, 2021Stephen A. ThieleLitigationRules of Civil Procedure, Legal Research, Civil Procedure, Transfer Motion
As we approach the one year anniversary of Ontario’s declaration of a state of emergency because of Covid-19 pandemic, the stresses and strains caused by the lockdown can be seen and...
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Proposed Danforth Shooting class action against Smith & Wesson relating to authorized user technology allowed to proceed
Tuesday, February 16, 2021James R.G. CookLitigationRules of Civil Procedure, Class Proceedings Act, 1992, Handgun
The Ontario Superior Court of Justice has dismissed a motion by Smith & Wesson Corp to throw out a potential class action for negligent manufacturing of the firearm used in a mass shooting in...
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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
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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The Supreme Court of Canada Strengthens the Judgment Creditor Tool Box
Wednesday, May 24, 2017Scott GfellerPrivacy Law, LitigationSupreme Court of Canada, Rules of Civil Procedure
Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when...
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Ineffective Assistance of Counsel in the Civil Context: The case of SMTCL Canada Inc. v. Master Tech Inc., 2017 ONCA 291
Tuesday, May 9, 2017Chris JuniorLitigation, Civil LawSummary Judgment, Rules of Civil Procedure
Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...
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Summary judgment motion in actions for wrongful dismissal started under the Simplified Procedure rule: A new way forward
Wednesday, February 22, 2017Dara Hirbod, Kevin W. FisherLitigationSummary Judgment, Rules of Civil Procedure, Wrongful Dismissal
Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit, to commence a claim under the...
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