Thursday, June 1, 2023Stephen A. Thiele, Gavin J. Tighe, Kevin MooibroekLitigationCivil Procedure, Dismissal of Action, Collateral Attack

Unless a decision is overturned on an appeal, the issues decided therein have been finally determined. In general, a party impacted by a final decision... 

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Wednesday, May 31, 2023Zev ZlotnickCorporate Law, Business LawReal Estate

An enforceability opinion is an opinion that the transaction documents constituting legal, valid, and binding obligations of the underlying entities, enforceable against them in...

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Tuesday, May 30, 2023Stephen A. ThieleLitigationEthics, Legal Research , Chatbot Research

Artificial intelligence has been defined as “the simulation of human intelligence in machines that are programmed to think and act like humans.” In the practice of law,...

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Friday, May 26, 2023James R.G. CookLitigationReal Estate, Limitations Act

Civil claims in Ontario are generally subject to a two-year limitation period, meaning that a plaintiff must start a court action within two years of...

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Thursday, May 25, 2023James R.G. CookLitigation, Real EstateDefamation, Online Reviews, Anti-SLAPP Legislation, Anti-SLAPP Legislation

In Niu v. Cao, 2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning...

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Wednesday, May 24, 2023James R.G. CookLitigationReal Estate, Status Certificate

Prospective buyers of a condominium unit in Ontario have the right to obtain a status certificate that is supposed to provide them with essential information about the physical and financial situation of the condominium, including any ...

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Tuesday, April 4, 2023Stephen A. ThieleLitigationCOVID-19, Infectious Diseases, Infectious Diseases Emergencies, Healthcare

On April 3, 2020, the Ontario government expanded the list of non-essential businesses that will be required to close while the province courageously battles to control the spread of COVID-19. Under Regulation 82/20, the Ontario government had previously provided a list of businesses that it had deemed essential and that could remain open during the current health emergency.

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Thursday, March 23, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

During the course of litigation, plaintiffs may seek evidence that a defendant has engaged in a similar pattern of impugned conduct with other people who...

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Monday, February 27, 2023James R.G. CookLitigationRules of Civil Procedure, Real Estate

In Ker v. Deol, 2023 ONSC 1167 (CanLII), a motion judge of the Ontario Superior Court of Justice considered whether the buyer’s real estate agent could be added as a defendant in a lawsuit brought...

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Monday, February 27, 2023Stephen A. ThieleLitigationMembership, Injunction, Sports Law, Organizations

Competition amongst sporting organizations vying for eligible, talented athletes is commonplace. Accordingly, organizations take steps to...

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Friday, February 24, 2023Stephen A. ThieleLitigationReal Estate, Contracts, Commercial Tenancies, Entire Agreement Clauses

Drafting clear, concise and bullet-proof provisions in a contract is an art. It takes time and a complete understanding of a client’s agreement with...

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Friday, February 17, 2023James R.G. CookLitigationBritish Columbia, Real Estate, Negligence, Professional Negligence

In a professional negligence claim, a plaintiff must establish not only that a defendant breached the applicable standard of care but that the breach was the factual cause of the losses being claimed. Depending on the...

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Friday, February 17, 2023Stephen A. ThieleLitigationContracts

Business relationships between different parties are generally governed by contracts. To be enforceable, a contract must have certainty of terms that are agreed to by the...

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Monday, February 13, 2023James R.G. CookLitigationMunicipal Act, Courts of Justice Act, Planning Act

Municipal site plan applications have a public component that may expose an applicant to complaints from people who are opposed to their plans. As part of the...

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Monday, February 13, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation, Motion Dismissed

Although section 137.1 of the Courts of Justice Act (the “CJA”), the “anti-SLAPP provision”, has become a powerful tool to dismiss defamation actions at an early stage, there is certainly no guarantee that its use will always be...

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Friday, February 10, 2023James R.G. CookLitigation

Corporations are separate legal persons with their own property rights and obligations. Individual shareholders are not generally liable for any acts or...

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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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Friday, February 3, 2023James R.G. CookLitigationReal Estate, Ontario Planning Act

In a real estate transaction, the seller must be in a position to ensure that good title is conveyed to a buyer at closing. In the time leading up to...

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Tuesday, January 31, 2023James R.G. CookLitigationBritish Columbia, Fraud, Exclusion Clauses, Application for Remittance

If a customer walks into a bank and asks a teller to carry out a certain transaction, does the bank owe the customer a duty to...

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Friday, January 27, 2023Stephen A. ThieleLitigationPolitical Law, Integrity Commissioner Complaint, Dismissal

Premier Doug Ford continues to be the target of Integrity Commissioner complaints by opposing members of Ontario’s legislators. Although there is...

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Friday, January 27, 2023James R.G. CookLitigationOntario, Agreement of Purchase and Sale, Real Estate

New homes in Ontario may include a warranty from the builder for certain construction deficiencies and other...

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Monday, January 16, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation

March 2020 will live in our memories forever. It is the month that, among other things, the world panicked, that governments issued emergency orders to shutdown...

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Friday, January 6, 2023Stephen A. ThieleLitigationRemedies, Cyber-bullying, Removal of online posts

The use of social media to threaten, intimidate or harass someone is an obvious cause of concern in our society. Young people are particularly vulnerable to social media harassment or what has...

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Friday, January 6, 2023James R.G. CookLitigationDefamation, Removal of online posts, Google, Online Reviews

Online search engines such as Google allow businesses to market their services to a wide customer base. Businesses may also be subject to online reviews which are...

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Monday, December 19, 2022James R.G. CookLitigationResidential Tenancies, 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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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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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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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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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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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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