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Blog
Lender can't evict bona fide tenants from property notwithstanding mortgagor's fraud
Monday, December 19, 2022James R.G. CookLitigationResidential Tenancy, Mortgage Fraud, Real Estate, Ontario Mortgages Act, Bankruptcy and Insolvency Act, Mortgage
Courts must occasionally balance property interests between innocent parties who have been victimized by the dishonest or fraudulent conduct of another person. This may involve a conflict between...
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How Do I Get All My Lender Fees?
Wednesday, December 14, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending
In Canada, lenders who take mortgages on real property as security should be mindful of section 8 of the Interest Act (the “Act”) and the...
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Insurer De-Listing: The Hidden Penalty of a Health Professions' Discipline Committee Finding
Monday, December 12, 2022Lad KucisLitigation, Health LawDisciplinary Hearing
As a lawyer who regularly assists regulated health professionals (RHPs) in matters before their respective Discipline Committees, I wanted to alert RHPs about...
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Interlocutory injunction denied for failure to provide undertaking in damages
Friday, December 9, 2022Stephen A. Thiele, Alexander Melfi, Rob WintersteinLitigationRules of Civil Procedure
An interlocutory injunction is a powerful and drastic remedy which Courts have said should only be granted sparingly. In that regard,...
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Letters Rogatory for disclosure in California divorce proceeding enforced in Ontario
Friday, December 9, 2022James R.G. CookLitigationCanada Evidence Act, Ontario Evidence Act
As a matter of international comity, Ontario courts will take steps to recognize and enforce requests for assistance issued by foreign courts provided that certain...
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Responding to Complaints Before the College of Chiropractors of Ontario: A Defence Lawyer's Perspective
Thursday, December 8, 2022Lad KucisLitigation, Health LawComplaints, College of Chiropractors of Ontario
As legal counsel for chiropractors, we are regularly asked questions about the complaints process before the College of...
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Court orders production of subsequent lawyer's file
Friday, December 2, 2022Stephen A. ThieleLitigation
Although solicitor-client privilege is a fundamental civil and legal right belonging to a client, the right is not absolute and...
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Anti-SLAPP motion fails to stop Canadian Tire’s claim against alleged perpetrators of fraudulent after-sales service program
Friday, December 2, 2022James R.G. CookLitigationFraud, Courts of Justice Act, Anti-SLAPP
Motions under section 137.1 of the Ontario Courts of Justice Act (CJA) are typically brought to dismiss defamation claims involving expressions on matters of public interest. However, while the...
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Council Resolution Restricting Communications of Councillor Unreasonable and Punitive
Friday, December 2, 2022Stephen A. ThieleLitigationFunds, Remedies, Integrity Commissioner, Judicial Review
Municipal governments are said to have the most influence on the day-to-day lives of residents. Accordingly, city staff and elected representatives, who in Ontario run as independent...
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Neighbour ordered to remove obstructions on mutual driveway
Thursday, December 1, 2022James R.G. CookLitigationReal Estate
As we discussed in a previous blog, an easement may become abandoned as a legal right as a result of prolonged lack of use. However, there is...
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Defamatory statements made in a pleading are immune to attack
Friday, November 25, 2022Stephen A. ThieleLitigationDefences, Torts, Defamation, Absolute Privilege
The law of defamation permits a defendant to raise specialized defences to defeat a claim. The most common defences are...
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Court declines to intervene in dispute over governance of not-for-profit clubs
Friday, November 25, 2022James R.G. CookLitigationNot-for-Profit/Charities
Members of not-for-profit organizations should generally try to resolve their differences pursuant to their rules and by-laws before...
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Amendments to professional negligence claim denied following tardy expert report
Monday, November 21, 2022James R.G. CookLitigationRules of Civil Procedure, Negligence
Pleadings frame an action and determine the evidence that will be called at trial. The rules of pleadings generally require that...
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Home owner obtains certificate of pending litigation to stop power of sale
Friday, November 18, 2022James R.G. CookLitigationReal Estate, Courts of Justice Act
Parties who are seeking an interest in a property may seek to register a certificate of pending litigation (CPL) on title for the...
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Damages in a defamation action
Friday, November 18, 2022Stephen A. ThieleLitigationDamages, Torts, Defamation
Reputational harm is serious. It can have devastating impacts on the person whose reputation has...
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Female mining executive’s defamation claim against government employee allowed to proceed
Tuesday, November 15, 2022Stephen A. ThieleLitigationTorts, SLAPP, Defamation
Ontario and British Columbia are the only two common law provinces that have anti-SLAPP legislation. This legislation permits the early dismissal of claims that...
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In-house lawyer breached fiduciary obligations by negotiating self-interested agreements
Tuesday, November 15, 2022James R.G. CookLitigationGeneral Counsel Agreement, Unanimous Shareholder Agreement
Lawyers entering into business relationships with their clients should generally ensure that the clients receive meaningful independent legal advice on any agreement...
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Therapists not personally liable for debts of bankrupt sports medicine clinic
Thursday, November 10, 2022James R.G. CookLitigationSports, Bankruptcy, COVID-19, Bankruptcy and Insolvency Act, Business Corporations Act
A creditor who sees the owners of a bankrupt company start up a new profitably-looking business while walking away from the prior company’s debts may understandably feel that they have...
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Limitation Period bars claim for breach of Assignment of Agreement of Purchase and Sale
Wednesday, November 9, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Limitation Periods, Limitations Act
In Ontario, there is a general two-year limitation period for claims relating to a breach of contract which starts on the day when a plaintiff discovers that damage from a breach occurred and knows that a legal proceeding would be an...
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Is Your Demand Loan Demandable?
Tuesday, November 8, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Loans
A demand loan is a loan that a lender can require to be repaid by the borrower in full at any time. A demand loan has no term, but is simply repayable...
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Summons issued against Premier Ford valid but unenforceable because of parliamentary privilege
Monday, November 7, 2022Stephen A. ThieleLitigationPolitical Law, Public Inquiries, Summons, Parliamentary Privilege
There has been much political debate over the past few weeks about Premier Ford’s and Deputy Premier Jones’s refusal to voluntarily testify at the federal public inquiry into...
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Nephew not entitled to verbal life interest in aunt’s property
Friday, November 4, 2022James R.G. CookLitigationReal Estate
Living arrangements between adult family members are often informal and based upon the nature of their close relationship rather...
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75-day house arrest ordered for contempt in a defamation case
Wednesday, November 2, 2022Stephen A. ThieleLitigationTorts, Contempt of Court, Defamation
In a previous blog dated June 30, 2022, my colleague James Cook wrote about the award granted to a university instructor who was defamed on Twitter by ...
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Anonymization and sealing requests in Ontario civil proceedings
Tuesday, November 1, 2022James R.G. CookLitigationRules of Civil Procedure, Real Estate, Courts of Justice Act
Closed proceedings, sealing orders and publication bans are rare in civil actions in Ontario. When a court decision in a civil proceeding is published it normally bears the names of the parties in the title of...
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Commission not owing to agent under conditional agreement of purchase and sale
Monday, October 31, 2022James R.G. CookLitigationReal Estate, GTA Real Estate
Often, an agreement to purchase real estate will have a conditional period to allow for various steps to be completed by either the buyer or...
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Negligence claim against lawyer who obtained restraining order against a non-party dismissed
Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationNegligence, Professional Liability, Duty of Care, Non-client
Causes of action typically require a plaintiff to prove specific elements in order to succeed. In a claim for negligence, the plaintiff must prove (i) that there was a duty of care owed by...
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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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Business founder required to disgorge profits from competing powder-coating business
Monday, October 24, 2022James R.G. Cook, Abigail KorbinLitigationFiduciary Duties, Licensing Agreements
One of the essential obligations of someone who enters into a business venture with other shareholders of a small corporation is...
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City Councillor’s disclosure of confidential material to own lawyer breaches Code of Conduct
Friday, October 21, 2022Stephen A. ThieleLitigationPolitical Law
In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective...
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Broad discovery and social media disclosure affirmed in Muzzo ats Neville-Lake
Friday, October 21, 2022James R.G. CookLitigationSocial Media
In September 2015, a tragic collision between a Jeep Grand Cherokee driven by a driver under the influence of...
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Pro-life group's defamation claim against "online protestor" allowed to proceed
Monday, October 17, 2022Stephen A. ThieleLitigationSocial Media, Courts of Justice Act
Social media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and...
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Mortgage Assumptions and VTBs in a Rising Interest Rate Market
Thursday, October 13, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage
In light of substantial increases in interest rates, real property purchasers are looking for alternative lending arrangements. Some alternatives include...
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Lessons in a professional liability claim
Tuesday, October 11, 2022Stephen A. Thiele, James R.G. Cook, Eli BordmanLitigationLimitations Act, 2002, Mortgage Brokerages, Lender and Administrators Act
Professional liability actions provide good teaching lessons for future plaintiffs and defendants and their legal representatives. Although a plaintiff may firmly believe that they have a valid cause of...
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Using Corporate Structures to Invest in Real Estate
Wednesday, September 21, 2022Parish BhumgaraBusiness Law, Corporate LawLimited Partnership
One of the more interesting aspects of corporate law is how it allows for the use of corporate structures to facilitate investment. This article discusses how corporate structures can be used to ...
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How Do I Lend to LPs & REITs?
Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate
Loan transactions commonly involve non-corporate entities such as limited partnerships and Real Estate Investment Trusts (“REITs”). It is important for lenders to...
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Investment Canada Act voluntary notification comes into force on August 2, 2022
Tuesday, August 30, 2022Eliane Leal da SilvaCorporate Law
As of August 2, 2022, foreign investors are able to file a voluntary notice where they otherwise would not be subject to mandatory notification or net benefit review. This applies to...
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Lawyer’s defamation action allowed to proceed in Small Claims Court
Monday, August 29, 2022James R.G. CookLitigationSmall Claims Court, Courts of Justice Act
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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1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered
Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage, Lending
Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership. Legal ownership and beneficial ownership...
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Doctrine of buyer beware bars claim for foundation issues raised by home inspection
Friday, August 19, 2022James R.G. CookLitigation
The opportunity to have a home inspection may provide buyers with a reasonable opportunity to discover costly deficiencies before completing the...
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Richmond Hill Councillor's lawsuit is SLAPPed
Monday, August 8, 2022Stephen A. ThieleLitigation
An action that arises out of an expression on a matter of public interest is vulnerable to a motion for dismissal under section 137.1 of the Courts of Justice Act (the “CJA”). Actions against elected
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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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Conspiracy claim against lawyers dismissed
Wednesday, August 3, 2022Stephen A. Thiele, James R.G. Cook, Dara HirbodLitigationRules of Civil Procedure, Fraudulent Conveyances Act
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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Lawyer not liable for client’s payment of foreign buyer's tax on North Vancouver property
Tuesday, August 2, 2022James R.G. CookLitigationReal Estate, Property Transfer Tax Act, Foreign Buyer’s Tax
In Tellini v. Bell Alliance, 2022 BCCA 106 (CanLII), the British Columbia Court of Appeal reversed a trial judge’s decision that found the defendant lawyer and law firm liable for the plaintiff’s obligation to pay...
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Statutory immunity and qualified privilege protect City Councillor against night club’s action
Friday, July 29, 2022Stephen A. ThieleLitigationPolitical Law, Torts, Municipal Councillors, Qualified Privilege
In the past few months, I have written a number of blogs about court decisions involving City Councillors. The courts and other processes...
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Witnesses intimidated and conspiracy alleged while trying to conceal marriage
Monday, July 25, 2022James R.G. CookLitigationFraud, Divorce Act, Property Transfer Tax Act, Foreign Buyer’s Tax
Allegations of fraud and other unlawful conduct such as conspiracy are an attack on a person’s integrity and should not be made lightly by litigants. As the mere...
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Power of sale restored by Court of Appeal under "safe harbour protections"
Wednesday, July 20, 2022James R.G. CookLitigationReal Estate, Mortgage Fees, Ontario Mortgages Act
In 2544176 Ontario Inc. v. 2394762 Ontario Inc., 2022 ONCA 529 (CanLII), the Ontario Court of Appeal restored a power of sale transaction that...
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Gift or loan? Father failed to ensure his intentions were made known
Tuesday, July 19, 2022James R.G. CookLitigationReal Estate
How is an adult child able to prove whether funds or property transferred to them by a parent were intended to be a gift rather than a...
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Leave required to sue representative of trustee in bankruptcy
Monday, July 18, 2022James R.G. CookLitigationBankruptcy, Bankruptcy and Insolvency Act
Trustees in bankruptcy are granted protection from civil claims for acts and omissions under the Bankruptcy and Insolvency Act (“BIA”), as the statute requires...
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Losing an anti-SLAPP motion can be costly for a plaintiff
Thursday, July 14, 2022Stephen A. ThieleLitigationCosts, Defamation, Torts, Anti-SLAPP
The issue of costs is important for parties to take into consideration when litigating a case. Presumptively, winning parties are entitled to...
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Ponzi scheme participants ordered to return payments that were "too good to be true"
Monday, July 11, 2022James R.G. CookLitigationBankruptcy, Limitations Act, Bankruptcy and Insolvency Act
Investors in a scheme that seems too good to be true should be aware that they may be liable to return the funds under principles of unjust...
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Civil contempt finding against litigant for breaching receivership order
Friday, July 8, 2022James R.G. CookLitigationContempt of Court
Ontario courts maintain the inherent right to control their own processes and to sanction litigants who fail to abide by court orders. While a finding of contempt is...
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Sale of partnership property allowed despite lack of authorization and disclosure
Thursday, July 7, 2022James R.G. CookLitigationPartnership
Ioannidis v. Ioannidis, 2022 ONSC 3942 (CanLII), is a cautionary tale of siblings who owned an investment property without a...
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Toronto City Councillor knocks out defamation action
Monday, July 4, 2022Stephen A. ThieleLitigationDefamation, Anti-SLAPP Legislation, Torts
Although politicians continue to be targets of defamation actions, politicians also continue to knock them out under Ontario’s anti-SLAPP...
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Defendant liable for defamatory tweets about university instructor
Thursday, June 30, 2022James R.G. CookLitigationDefamation, Social Media, Twitter
As an Ontario court has previously recognized, Twitter is a rhetorically harsh speech environment. A stark difference in political or other views may be expressed through tweets that
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Title insurance dispute over appraisal of "actual loss" for defects relating to municipal work order
Tuesday, June 28, 2022James R.G. CookLitigationReal Estate, Insurance Law
Residential title insurance policies are typically purchased to address potentially issues regarding title to a property. Title insurance policies may also cover...
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Interim injunction ordered to prevent neighbour from blocking private access road
Monday, June 27, 2022James R.G. CookLitigationRight-of-way Access, Real Estate, Road Access Act
Many rural properties in Ontario are accessed through private roads that traverse lands owned by one or more neighbours. The use of a private road may...
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Relief from forfeiture not granted where buyer claimed lack of capacity to enter into real estate purchase agreement
Friday, June 24, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Courts of Justice Act
As real estate markets fall, buyers are sometimes left scrambling to find alternate sources of financing when the available mortgage funds turn out...
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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
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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Sale of commercial units by nearly-insolvent debtor not a fraudulent conveyance
Wednesday, June 22, 2022James R.G. CookLitigationInsolvency, Real Estate
Creditors of an insolvent or nearly insolvent debtor may be understandably frustrated if the debtor sells its few remaining assets, leaving the...
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Buyer breached duty of good faith in failing to complete assignment agreement
Tuesday, June 21, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Town of Caledon, GTA Real Estate
Buyers of pre-construction properties in Ontario sometimes enter into an assignment agreement with another buyer before the completion...
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Mortgage provided by corporate borrower not a “fraudulent instrument”
Monday, June 20, 2022James R.G. CookLitigationLand Title Act, Real Estate
The Ontario Land Titles Act (“LTA”) provides that a registered mortgage that is determined to be a fraudulent instrument is void and may...
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Pharmacy manager not bound by non-competition agreement
Thursday, June 16, 2022James R.G. CookLitigationNon-Compete, Working for Workers Act, 2021
In Ontario, the Working for Workers Act, 2021 provides that no employer shall enter into an employment contract or other agreement with an employee that...
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Neighbour's management plan did not improperly divert equity from plaintiff property
Wednesday, June 15, 2022James R.G. CookLitigationAgreement of Purchase and Sale
The case of Rivas v. Anobile, 2022 ONSC 3446 (CanLII), demonstrates the issues that may arise when all the terms and objectives of an...
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Environmental assessment firm not liable to buyer who did not commission their report
Tuesday, June 14, 2022James R.G. CookLitigationAgreement of Purchase and Sale
Buyers should be wary about relying on inspections, appraisals or other reports prepared by a company with whom they have not directly...
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Dispute over purchase of Canadian Art results in unjust enrichment claim
Monday, June 13, 2022James R.G. CookLitigation
While it may be tempting to purchase expensive artwork directly from a private seller without the involvement (and associated costs) of a reputable art...
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City politicians succeed in getting defamation claim against them dismissed
Friday, June 10, 2022Stephen A. ThieleLitigationDefamation, Torts, Anti-SLAPP
Politics can be a rough profession, particularly where the issues being debated attract diametrically opposed views. Some social issues often bleed into...
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No misrepresentations made by seller in asset purchase transaction
Tuesday, June 7, 2022James R.G. CookLitigationAsset Purchase Agreement
An asset purchase often involves an assessment of the value of the inventory and gross sales of the business being acquired. The terms of the...
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No “waiver by conduct” of financing condition in agreement of purchase and sale
Monday, June 6, 2022James R.G. CookLitigationCondominium, Agreement of Purchase and Sale, Real Estate
With the cooling of the real estate markets, buyers may be in a position to negotiate a limited time period to have a home inspection, arrange financing, or complete other due diligence before...
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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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Closely-held Corporations (and other businesses): Avoiding Litigation and Other Unnecessary Business Ownership Catastrophes
Wednesday, May 11, 2022Richard C. HoffmanCorporation, Partnership, Litigation
Everyone always (or almost always) understands that, at any and every given moment in time, he/she is thinking "clearly" and "reasonably". Given such universal reality, it generally or otherwise often flows that ...
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Costs for online legal research continue to be scrutinized by the courts
Tuesday, May 10, 2022Stephen A. ThieleLitigationCosts, Legal Research
When I first entered law school in 1987, Quicklaw was the only online legal research tool available to lawyers. While this tool was ...
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Could full indemnity costs become the norm in defamation actions?
Monday, May 9, 2022Stephen A. ThieleLitigationCosts, Torts
As the use of social media platforms continues to grow, there is a correspondingly growing danger that the misuse of these platforms can cause devastating damage to ...
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Business partner liable for breach of fiduciary duty and civil fraud
Friday, April 29, 2022James R.G. CookLitigationOntario, Fraud, Fiduciary Duties
Business partners generally owe each other fiduciary duties and can be liable for civil fraud if funds invested in the partnership business are not used for their intended...
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Spouse liable under guarantee as accommodation surety despite lack of ILA
Tuesday, April 12, 2022James R.G. CookLitigationLoans
Loan guarantees are often provided by parents, spouses or siblings to other related parties. The person signing the guarantee usually does not receive any direct...
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"Decision Regret" is not a cause of action for disgruntled start-up investors
Friday, April 8, 2022James R.G. CookLitigation
Investors in a small company may be inspired by the sales pitch of a founder with grandiose plans and descriptions of potential profits to be earned if they...
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Hydro One loses prescriptive easement claim over private access road
Tuesday, April 5, 2022James R.G. CookLitigationLand Title Act, Easement
Easements that are intended to provide utility companies with access to maintain and service the utilities they provide are common features of ...
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Vesting order granted for retroactive joint tenancy after death of spouse
Monday, April 4, 2022James R.G. CookLitigationLand Title Act, Real Estate
Spouses often take title to a property as joint tenants rather than tenants in common due to the "right of survivorship," by which the surviving spouse assumes...
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Date of breach of contract affirmed for assessment of buyer’s damages
Thursday, March 31, 2022James R.G. CookLitigationReal Estate, Breach of Contract
In Akelius Canada Ltd. v. 2436196 Ontario Inc., 2022 ONCA 259, the Ontario Court of Appeal upheld a summary judgment decision that ...
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Public protest against trucking company not a matter of public interest
Thursday, March 31, 2022Stephen A. ThieleLitigationCourts of Justice Act
Not all public protests are necessarily created equal. While most public protests will be viewed as having a public interest component, some might be viewed as ...
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Breach of privacy claim dismissed where unauthorized access was fleeting and incidental
Wednesday, March 30, 2022James R.G. CookLitigationPrivacy Rights
From 2007 through 2016, a nurse in Ontario stole opioids from her hospital employer on an almost daily basis, during which time she ...
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Oppression remedy denied to non-shareholder of corporation
Tuesday, March 29, 2022James R.G. CookLitigationOppression Remedy, Ontario Business Corporations Act
The oppression remedy in corporate law statutes such as the Ontario Business Corporations Act provides a mechanism for disgruntled shareholders or other stakeholders to obtain relief...
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Tort of “family violence” provides new way to seek damages for domestic abuse
Monday, March 28, 2022James R.G. Cook, Delila BikicLitigationDivorce Act
In July 2023, the Court of Appeal allowed the appeal 2023 ONCA 476 (CanLII), and set aside trial judge's decision creating the tort of family violence
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Golf game survives homeowners’ request for mandatory interlocutory injunction
Friday, March 25, 2022Stephen A. ThieleLitigationRules of Civil Procedure, Interlocutory Injunction
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 homeowner with ...
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Credit Reports and the Law of Defamation
Wednesday, March 23, 2022Stephen A. ThieleLitigation
Individuals and businesses are zealously concerned with protecting their respective reputations. Having a stellar reputation can be an important asset. For individuals, a positive reputation is important for ...
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Presumptive costs award under anti-SLAPP law granted against Maxime Bernier
Friday, March 18, 2022Stephen A. ThieleLitigationAnti-SLAPP Legislation, Courts of Justice Act
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Property developer awarded $11 million in lost profits against seller who refused to complete transaction
Thursday, March 17, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate
*Trial decision regarding damages overturned by Court of Appeal.
See Lost profits of $11 million not the appropriate measure of damages for aborted sale to developer (The Rosseau Group Inc. v. 2528061 Ontario Inc.)
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Shakespeare portrait leads to dispute over estate trustee
Friday, March 11, 2022James R.G. CookLitigationTrustee Act
The appointment of an estate trustee in a will is a decision that courts will generally respect absent clear evidence that the removal of the trustee is necessary in the circumstances. Sometimes the beneficiaries or potential beneficiaries of a will may believe...
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Real estate co-ownership dispute leads to sale under Partition Act
Wednesday, March 9, 2022James R.G. CookLitigationReal Estate, GTA Real Estate
Given the high price of real estate in Ontario, co-ownership of properties between friends and family members is increasingly common. Title may be registered in varying ownership ...
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Court refuses to impose 5 pm deadline for delivery of real estate closing proceeds
Tuesday, March 8, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, GTA Real Estate
Real estate transactions may be scheduled to be completed by a certain time of day, depending on the wording of the Agreement of Purchase and Sale (APS). In some cases ...
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Requisition deadline for present legal use of property clarified by Court of Appeal
Monday, March 7, 2022James R.G. CookLitigation
The Ontario Real Estate Association’s standard form of residential Agreement of Purchase and Sale (APS) contains a paragraph that sets a deadline for a buyer to investigate and verify the present legal use of...
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Claim for defamatory tweets dismissed
Thursday, March 3, 2022James R.G. CookLitigationCourts of Justice Act, Twitter
Can one who freely wades into the choppy waters of Twitter complain about getting splashed? So asked the Ontario Superior Court of Justice in a recent case involving allegedly defamatory tweets and...
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Family members liable for knowing receipt of trust funds
Monday, February 28, 2022James R.G. CookLitigationFraud, Fraudulent Conveyances Act
Summary judgment decision set aside by Court of Appeal: Quantum Dealer Financial Corporation v. Toronto Fine Cars and ...
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No duty of care owed by seller to confirm buyers had financing in place
Monday, February 28, 2022James R.G. CookLitigationReal Estate, GTA Real Estate
Cases arising out of the 2017 market correction in the Greater Toronto Area continue to result in decisions favouring innocent sellers and substantial damages awarded against...
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B.C. Court awards damages arising from liability for foreign buyers’ tax
Thursday, February 17, 2022James R.G. CookLitigationGTA Real Estate, Commercial Real Estate, Estate Freeze
Some Canadian provinces have introduced a “foreign buyers’ tax” in recent years to curb what is perceived as the impact of foreign speculators on over-heated ...
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Courts rejects corporation’s motion to be represented by a consultant
Monday, February 7, 2022Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure
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...
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Action stayed as a result of plaintiff’s failure to disclose settlement
Friday, January 28, 2022James R.G. CookLitigationReal Estate, Lease Agreement
Litigation often involves claims by a plaintiff against multiple parties. Defendants in such actions may or may not crossclaim against each other but they are presumed to be adverse to ...
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Jurisdictional Door on the Small Claims Court Slammed Shut for Anti-SLAPP Motions
Friday, January 28, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., Daria RisteskaLitigationAnti-SLAPP Legislation, Anti-SLAPP
Anti-SLAPP or section 137.1 of the Courts of Justice Act (“CJA”) motions for the early dismissal of claims involving issues arising from an expression related to ...
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Defamation basics and pre-trial disposition motions
Monday, January 24, 2022Stephen A. ThieleLitigationDefamation, Torts, Pre-trial Disposition
We have written a lot about defamation cases on this blog and the pre-trial disposition of defamation actions under...
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Update: New Reporting Requirements For Trusts
Thursday, January 20, 2022Greg Farano, Lindsay Ann Histrop, Ian SpiegelBusiness Law, Corporate LawTrusts
In a previous blog post, we discussed the proposed new T3 Trust Income Tax and Information Return reporting and filing requirements for certain express trusts. These changes
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Watchdog’s defamation action against municipality allowed to continue
Monday, January 17, 2022Stephen A. ThieleLitigationPolitical Law, Torts, SLAPP
The law of defamation in the political arena has a long history. Passionate sparring between political opponents and the tendency to attack an opponent’s policies and character has
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CBC liable for defaming investment advisor
Tuesday, January 4, 2022James R.G. CookLitigationDefamation, CBC
In June 2012, the Canadian Broadcasting Corporation (CBC) televised two news stories featuring a retired Canadian Pacific Railway employee who claimed to have lost more than half of...
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