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15 Mar

Borrower’s lawyer not liable for payment of mortgage broker’s fee (First Canadian Mortgage Corporation v. Djukic)

Friday, March 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Rules of Professional Conduct, Mortgage Brokerages

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Parties in a transaction gone wrong may sometimes blame the other side’s lawyer for the results. However, it is...

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24 Aug

Balancing Freedom of Expression with the Standards of a Regulated Profession (Peterson v. College of Psychologists of Ontario)

Thursday, August 24, 2023Isabel YooLitigationCollege of Psychologists of Ontario, Rules of Professional Conduct

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In its highly anticipated decision, the Divisional Court has dismissed Dr. Jordan Peterson’s application for judicial review of the November 2022 decision of the Inquiries, Complaints and Reports...

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4 Aug

Inadvertent disclosure and improper use of privileged communications

Thursday, August 4, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., James R.G. CookLitigationRules of Professional Conduct

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In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of...

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1 Jun

Lawyer who was consulted by another lawyer disqualified from acting against other lawyer

Wednesday, June 1, 2022Stephen A. Thiele, James R.G. Cook, Kevin MooibroekLitigationRules of Professional Conduct

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In general, lawyers are not allowed to act on matters where they have a conflict of interest. To do so is contrary to the common law and the Rules of...

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26 May

Duty of professionals to respond promptly and cooperatively with regulators

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

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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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20 May

Professional negligence claim dismissed against lawyer despite conflict of interest and breach of the standard of care

Thursday, May 20, 2021James R.G. CookLitigationRules of Professional Conduct, Breach of the Standard of Care

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“There is no such thing as negligence in the abstract,” notes Regional Senior Justice Calum MacLeod in Maisonneuve v. Langlois,...

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9 Mar

Court grapples with fake electronic evidence and Zoom imposter witness

Tuesday, March 9, 2021James R.G. CookLitigationOntario Evidence Act, Rules of Professional Conduct, Zoom, Evidence

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As we discussed in a recent blog, technological advances have resulted in a digital revolution in the justice system, but these same...

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21 Dec

Legal research and the duty to disclose relevant law

Monday, December 21, 2020Stephen A. ThieleLitigationRules of Professional Conduct, Research, Disciplinary Hearing, Ethics, Legal Research , Law Society of Ontario

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Legal research is important. In general, every legal issue requires some form of legal research because each legal issue is informed either by...

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9 Jun

A Litigation Update: The Small Claims Court and Short Motions or Applications

Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationRules of Professional Conduct, Small Claims Court, Short Motions

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As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.

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