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29 Aug

Lawyer’s defamation action allowed to proceed in Small Claims Court

Monday, August 29, 2022James R.G. CookLitigationSmall Claims Court, Defamation, Courts of Justice Act

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Ontario’s Small Claims Court is intended to provide litigants with a cost-effective forum for civil claims up to $35,000, including claims for defamation. Defamation claims in the...

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9 Jul

Commission owed to real estate agent despite lack of written agreement

Friday, July 9, 2021James R.G. CookLitigationSmall Claims Court, Real Estate, Buyer’s Representation Agreement, GTA Real Estate, Caledon

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In the real estate industry, relationships between buyers and their real estate agent are often governed by a written Buyers Representation Agreement (“BRA”). A BRA usually... 

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14 Sep

Fence Dispute Leads to $70,000 Defamation Judgment

Monday, September 14, 2020James R.G. CookLitigation, Real EstateSmall Claims Court, Libel, Slander, Defamation

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A dispute between two neighbours over a fence led to a $70,000 judgment against an online activist who posted defamatory comments about one of the...

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9 Jun

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

Tuesday, June 9, 2020Gavin J. TigheLitigationSmall Claims Court, Rules of Professional Conduct, 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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5 Dec

Advertisers Beware

Tuesday, December 5, 2017James R.G. CookLitigationSmall Claims Court, Ontario, Advertising

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How much is your physical image worth if it is used in an advertisement without your permission? A recent decision of the Ontario Superior of Justice (Ottawa Small Claims Court) addressed this...

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19 Apr

The “People’s Court”: Now By Online Civil Resolution Tribunal?

Wednesday, April 19, 2017Dara HirbodLitigation, Civil LawSmall Claims Court, Civil Resolution Tribunal, British Columbia, Ontario

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The Ontario Small Claims Court is often referred to as the “People’s Court”. The colloquial title has even been adopted by Ontario’s Ministry of the Attorney General. The People’s Court is designed to... 

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18 Jan

Collecting legal fees: The Small Claims Court is back in business

Wednesday, January 18, 2017Stephen A. ThieleLitigation, Solicitors ActSmall Claims Court, Legal Fees

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For the past few years, the courts have grappled with the issue of whether the Small Claims Court has jurisdiction to hear cases about the collection of unpaid legal fees. First, a court determined that...

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