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3 Aug

Conspiracy claim against lawyers dismissed

Wednesday, August 3, 2022Stephen A. Thiele, James R.G. Cook, Dara HirbodLitigationRules of Civil Procedure, Fraudulent Conveyances Act

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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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23 Jun

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

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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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25 Mar

Golf game survives homeowners’ request for mandatory interlocutory injunction

Friday, March 25, 2022Stephen A. ThieleLitigationRules of Civil Procedure, Interlocutory Injunction

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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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15 Feb

Oppression claim for pre-shareholder conduct against directors and officers allowed to stand

Tuesday, February 15, 2022Stephen A. Thiele, Howard WolchLitigationRules of Civil Procedure

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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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7 Feb

Courts rejects corporation’s motion to be represented by a consultant

Monday, February 7, 2022Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure

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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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2 Nov

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

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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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1 Nov

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

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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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7 Oct

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

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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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15 Jun

Late document disclosure may cause trial delays, adjournments, and dismissals

Tuesday, June 15, 2021James R.G. CookLitigationRules of Civil Procedure, Ontario Evidence Act

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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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7 Jun

A Judge’s Duty is to Judge

Monday, June 7, 2021Stephen A. ThieleLitigationRules of Civil Procedure, Legal Research

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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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28 May

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

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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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27 Feb

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

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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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16 Feb

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

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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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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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24 May

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

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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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9 May

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

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Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...

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22 Feb

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

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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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