Publications

Publications

Publications

Publications

Ontario’s Second Province Wide Shutdown

Wednesday, January 13, 2021

Keep informed about Ontario’s new State of Emergency provisions introduced on January 14, 2021 by accessing the following link.

Prepared with the assistance of Kevin Mooibroek.



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution
Business and Corporate Commercial

Buyer’s Claim For Lost Value Damages Of A Residential Subdivision Home

Wednesday, October 28, 2020

The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...



For more information, click here.

Author:
James R.G. Cook
jcook@grllp.com

Expertise:
Litigation and Dispute Resolution
Commercial Real Estate

Partial shutdown of business does not preclude business interruption claim

Friday, October 2, 2020

As we head into the seventh month of the artificial economic lockdown ordered by Canadian governments at all levels and brace ourselves for the second wave of the COVID-19 pandemic...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

James R.G. Cook
jcook@grllp.com

Expertise:
Litigation and Dispute Resolution
Commercial Real Estate

Frustration and Pandemic – A Long Term Perspective on COVID-19 and Frustration of Contracts

Thursday, October 1, 2020

Ken Jull presents at the Toolbox Webinar on the topic of COVID-19 and the frustration of contracts.



For more information, click here.

Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution

Ontario’s courts are gradually getting back to business

Friday, July 10, 2020

The COVID-19 pandemic has had a significant impact on our justice system. With the announcement of the state of emergency back in March of this year, courthouses were significantly shutdown. 



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

The Ontario Government’s Response to COVID-19: An Overview

Sunday, March 29, 2020

Ontario is now two weeks into its emergency response to the COVID-19 pandemic that has gripped the world and caused economic havoc.

Although the world has experienced such pandemics in the past, with the 1918 Spanish Flu causing an estimated 50 million to 100 million deaths worldwide, we have been inundated with...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

Alleged extension of time does not prevent discount brokerage to conduct sell-out in its discretion

Monday, March 16, 2020

A margin account permits an investor to borrow money from a broker in order to buy more securities than an investor would otherwise be able to purchase with their own capital. “Margin” requirements are established by the Investment Industry Regulatory Organization of Canada and represent the percentage the investor is...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Scott Gfeller
sgfeller@grllp.com

Expertise:
Litigation and Dispute Resolution

Case Study: Nevsun Resources Ltd. v. Araya, 2020 SCC 5

Tuesday, March 10, 2020

Slavery, forced labour, cruel and degrading treatment and crimes against humanity have long been recognized as prohibited conduct under the norms of customary international law. The question that confronted the Supreme Court of Canada is whether ...



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Author:
John A. Campion
jcampion@grllp.com

Expertise:
Litigation and Dispute Resolution

It's Game Day!: The Summary Dismissal of a Misfeasance Claim

Wednesday, October 16, 2019

In sports, players and coaches prepare for “Game Day”. In the days prior to a game, they will review video of their opponent, hold meetings to develop and review a game plan, and diligently practice so that they will be fully ready when the game starts.



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Authors:
Stephen A. Thiele
sthiele@grllp.com

Alexander Melfi
amelfi@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

The Total Fraud Test is Still Alive

Friday, July 19, 2019

For more information, click here.

Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution

Compliance Now Counts in AntiTrust

Friday, July 12, 2019

For more information, click here.

Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution

Debarment Proposals Loosen Their Grip But Reach Out Farther

Wednesday, May 29, 2019

When a corporation is convicted of serious offences such as bribery of foreign officials, the Government of Canada debars that corporation from federal government work. The existing Integrity regime sets...



For more information, click here.

Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution

Coming in From the Cold: Deferred Prosecution (Remediation) Agreements in Canada

Thursday, August 2, 2018

Deferred Prosecution agreements have arrived in Canada under the form of “Remediation Agreements”. The availability of Remediation Agreements will be a...



For more information, click here.

Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution

Lawyers Owe Duty to Their Own Clients, Not the Opposite Side

Friday, June 15, 2018

The relationship between a lawyer and a client is sacrosanct. Indeed, communications between a lawyer and his or her client are protected by a privilege which the Supreme Court of Canada determined years ago was not a mere rule of evidence but a substantive rule.



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Authors:
Stephen A. Thiele
sthiele@grllp.com

Alexander Melfi
amelfi@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

Defamation and Social Media: An Update

Wednesday, February 7, 2018

For more information, click here.

Author:
Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

An Online Date to Forget

Tuesday, October 31, 2017

The modern era has given those seeking love and romance more tools to find the right partner. Online dating sites are thriving with people hoping to find their...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Scott Gfeller
sgfeller@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

Internal investigations and privilege

Tuesday, September 12, 2017

Ken Jull's piece co-written  with Alexander M. Gay on internal investigations and privilege in the fall issue of The Advocates' Journal.

 



For more information, click here.

Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution
Business and Corporate Commercial

Provisions of whole contract make seller responsible for severance costs

Friday, August 4, 2017

When interpreting a contract, it is important to remember the fundamental rule that the whole agreement must be considered, not just a few isolated words or...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Bill Michelson
bmichelson@grllp.com

Brandon (Brady) Jones
bjones@grllp.com

Expertise:
Litigation and Dispute Resolution
Commercial Real Estate

R. v. Cody: Trial within a reasonable time and enhancing efficiency

Tuesday, August 1, 2017

The Supreme Court decision in Jordan was a watershed decision that changed the balancing required in considering whether a trial has occurred in a reasonable time. The Court has...



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Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution

Decision of J. LeBlanc - April 29 2016

Wednesday, May 24, 2017

For more information, click here.

Expertise:
Litigation and Dispute Resolution

SCC Judgement Granting Leave to Appeal

Wednesday, May 24, 2017

For more information, click here.

Expertise:
Litigation and Dispute Resolution

Plaintiff’s “Kicks at the Can” are limited

Tuesday, May 23, 2017

In Canada, a plaintiff generally gets two “kicks at the can” to win their case: once at trial; the second time on appeal. But some plaintiffs want more “kicks” and sometimes, after being dissatisfied with a...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Alexander Melfi
amelfi@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

Bank not responsible for fraudulent instructions delivered via customer’s email account

Friday, May 12, 2017

Although the rapid increase in technology in the past twenty years has a lot of advantages, it also has many disadvantages. One of the biggest disadvantages is electronic fraud precipitated through...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Scott Gfeller
sgfeller@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

Mortgage proceeds paid to fraudster’s lawyer, in trust, covered under title insurance policy

Thursday, February 23, 2017

Thanks to the ability to produce believable fake identity documents, real estate fraud continues to plague Ontario and to cause headaches...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Alexander Melfi
amelfi@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

On The Rocks; The Gold Seal Case: A Surprising Second Look

Wednesday, February 8, 2017

For more information, click here.

Expertise:
Litigation and Dispute Resolution

Free Trade within Canada: Say Goodbye to Gold Seal

Wednesday, February 8, 2017

For more information, click here.

Expertise:
Litigation and Dispute Resolution

Social Media Issues for In-House Counsel: An Update

Friday, November 11, 2016

James Cook and Chris Junior presented "Social Media Issues for In-House Counsel: An Update" at the 5th Annual Continuing Professional Development Event held on Thursday, November 10th, 2016.



For more information, click here.

Authors:
James R.G. Cook
jcook@grllp.com

Chris Junior
cjunior@grllp.com

Expertise:
Litigation and Dispute Resolution

Employment Law: FAQ 2016

Friday, November 11, 2016

Jane Sirdevan presented "Employment Law: FAQ 2016" at the 5th Annual Continuing Professional Development Event held on Thursday, November 10th, 2016.



For more information, click here.

Author:
Jane Sirdevan
jsirdevan@grllp.com

Expertise:
Litigation and Dispute Resolution

Standard of Review of a Contract Post-Sattva

Friday, November 11, 2016

Anna Husa and Alexander Melfi presented "Standard of Review of a Contract Post-Sattva" at the 5th Annual Continuing Professional Development Event held on Thursday, November 10th, 2016.



For more information, click here.

Authors:
Alexander Melfi
amelfi@grllp.com

Anna Husa
ahusa@grllp.com

Expertise:
Litigation and Dispute Resolution

Encouraging Dialogue with a Telecommunications Regulator when Penalties are at Risk

Friday, September 9, 2016

We are in the world of Regulation 3.0 – with competing platforms, less regulation, less market power, and more focus on enabling innovation and investment. What does Enforcement 3.0 look like in markets characterized by new and rapidly evolving...



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Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution

Purchase of Title Insurance a Buyer’s Issue: Sellers’ Claim Against Lawyer for Failing to Advise of Insurance Purchase Dismissed

Thursday, July 14, 2016

In a recent case the Gardiner Roberts Litigation and Dispute Resolution Group were asked to defend a lawyer and the Lawyer’s Professional Indemnity Company against a vendor’s third party claim for...



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Jane Sirdevan
jsirdevan@grllp.com

Expertise:
Litigation and Dispute Resolution

The Supreme Court Decision in Lacasse: White Collar Offenders Beware

Thursday, June 30, 2016

In the decision of R. v. Lacasse the Supreme Court of Canada sent a warning to ordinarily law-abiding citizens who commit impaired driving, by upholding a...



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Author:
Kenneth Jull
kjull@grllp.com

Expertise:
Litigation and Dispute Resolution

Beer Bust Case May Redefine National Trade

Tuesday, June 14, 2016

While it would seem that it would take a full team of resolute lawyers backed with the finances only available through the support of major companies and lobbyists to begin the challenge of dismantling Canada’s oppressive liquor regime, Gardiner Roberts’ own Ian Blue is making ground-breaking advancement in doing just that.



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Author:
Ian A. Blue
iblue@grllp.com

Expertise:
Litigation and Dispute Resolution

The NSLC Monopoly

Tuesday, June 14, 2016

Following his big win in New Brunswick with R. v. Comeau [2016] N.B.J. No. 87, Ian Blue, senior counsel and advisor on energy law, administrative law and constitutional law issues at Gardiner Roberts, has set his sights on the Nova Scotia Liquor Corporation (NSLC).



For more information, click here.

Author:
Ian A. Blue
iblue@grllp.com

Expertise:
Litigation and Dispute Resolution

Minimizing the Risk of Employee Fraud

Friday, May 6, 2016

Alexander Melfi, Anna Husa, and Terry Reid – TEVA Canada Limited, presented a webinar on Minimizing the Risk of Employee Fraud on May 6th, 2016 at the Canadian Bar Association.



For more information, click here.

Authors:
Alexander Melfi
amelfi@grllp.com

Anna Husa
ahusa@grllp.com

Expertise:
Litigation and Dispute Resolution

GR Lawyers Obtain Dismissal of Municipal Conflict of Interest Case Against Ford Brothers

Thursday, April 21, 2016

Gardiner Roberts was successful in securing the dismissal of the municipal conflicts of interest application that was brought against the Ford brothers by a city resident.



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Jane Sirdevan
jsirdevan@grllp.com

Chris Junior
cjunior@grllp.com

Expertise:
Litigation and Dispute Resolution

Real Estate Agent Liability: Highlighting the Potential Causes of Action Against Them

Wednesday, February 24, 2016

A real estate agent can be defined as any individual who is licensed to represent a buyer or a seller, and sometimes both in the case of dual agency...



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Authors:
Bryan Skolnik
bskolnik@grllp.com

Stephen A. Thiele
sthiele@grllp.com

Expertise:
Litigation and Dispute Resolution

Dealing With Corporate Disputes - Planning To Avoid Disputes

Tuesday, February 23, 2016

Despite the altruistic intentions of non-profit and public benefit organizations, many of them are hotbeds of internal disputes. Power disputes are common. Energies which should be directed towards the objectives of the organization are instead directed at in-fighting...



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Authors:
Clifford S. Goldfarb
cgoldfarb@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

Nervous shock claim dismissed: Divisional Court agrees that juror in criminal trial fails to meet test

Thursday, February 4, 2016

Under Ontario law a person who suffers a physical or psychological injury as a result of a crime of violence is entitled to make a claim for compensation under the Compensation for Victims of Crime Act.



For more information, click here.

Author:
Stephen A. Thiele
sthiele@grllp.com

Expertise:
Litigation and Dispute Resolution

Court Refuses to Give Buyer 13 Month Extension to Exercise Assignment Option: Time Period Held Unreasonable and Right Surrendered

Thursday, December 24, 2015

Courts have often been required to determine whether a person holding an option or a right of first refusal under a lease or other contract is entitled to enforce such right.



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Howard Wolch
hwolch@grllp.com

Expertise:
Litigation and Dispute Resolution

Unpermitted Removal of Support Walls Covered by Title Insurance Policy: Title Insurer Obligated to Pay Future Repair Costs to Remedy Dangerous Condition

Monday, December 7, 2015

On December 3, 2015, lawyers for Gardiner Roberts secured another in a long list of significant favourable awards against a title insurer.



For more information, click here.

Authors:
Stephen A. Thiele
sthiele@grllp.com

Alexander Melfi
amelfi@grllp.com

Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

Amended Rules of Professional Conduct

Tuesday, October 28, 2014

For more information, click here.

Author:
Stephen A. Thiele
sthiele@grllp.com

Expertise:
Litigation and Dispute Resolution

Speaking to the Media

Tuesday, October 28, 2014

For more information, click here.

Author:
Gavin J. Tighe
gjtighe@grllp.com

Expertise:
Litigation and Dispute Resolution

Not a Technicality: Magder v. Ford

Wednesday, January 30, 2013

For more information, click here.

Author:
Stephen A. Thiele
sthiele@grllp.com

Expertise:
Litigation and Dispute Resolution

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