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Summary judgment granted to dismiss defamation claim (Martel v. Ottawa (City))
Friday, July 12, 2024Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment
Summary judgment is a powerful procedural tool that, among other things, permits a defendant to bring a motion to dismiss an action at an...
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"Sugar Daddy's" $226 million action against "Sugar Baby" dismissed
Friday, February 10, 2023Stephen A. ThieleLitigationSummary Judgment, Civil Procedure, Limitation Periods
Technology has expanded the ability of people to meet others who they otherwise may have never met in a purely paper-based world. Indeed, entrepreneurs have...
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Defamation claim defeated as the statements were substantially true
Wednesday, October 26, 2022James R.G. CookLitigationSummary Judgment
Sometimes the most efficient way to defeat a defamation claim is to prove the defence of justification—namely, that the impugned statements that are alleged to be...
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Summary judgment denied over defamatory TV show first aired in Pakistan
Tuesday, May 25, 2021Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment, libel, slander
Ontario’s Rules of Civil Procedure provide that where there is no genuine issue requiring a trial, summary judgment shall be granted. It has been determined by Ontario courts that this rule is...
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Buyers’ liability to sellers in aborted real estate closings - Part 1
Friday, March 26, 2021James R.G. CookLitigation, Real EstateSummary Judgment, Planning Act
“The factual background to this summary judgment motion is a sad story that has frequently been retold in courtrooms across the land with the same tragic ...
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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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House Party Drunkenness: Should Parents Be Liable For Catastrophic Injuries Suffered By Guests?
Wednesday, March 22, 2017Gavin J. Tighe, K.C.LitigationCivil Liability, Summary Judgment, Alcohol, Beer Pong
The recent decision of Hon. Justice Wendy Matheson of the Ontario Superior Court of Justice in Wardak v. Froom, 2017 ONSC 1166 has certainly caused a media sensation and sent tongues wagging...
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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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