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
Parties in a transaction gone wrong may sometimes blame the other side’s lawyer for the results. However, it is...
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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
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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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
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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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
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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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
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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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
“There is no such thing as negligence in the abstract,” notes Regional Senior Justice Calum MacLeod in Maisonneuve v. Langlois,...
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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
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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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
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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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
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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