Blog
Blog
Specific performance ordered in dispute between father and son over family home (Gill v. Gill)
Friday, December 6, 2024James R.G. CookLitigationDispute, Family home
In some cases where a seller has breached an agreement to transfer title to a property, a buyer may seek an order for “specific performance” requiring that the transaction be completed instead of monetary damages...
Read the full post, click here.
Ontario (College of Chiropodists of Ontario) v De Leon, 2024 ONCOCOO 7 (CanLII) Motion Denied to Disqualify Legal Counsel For A Conflict of Interest
Tuesday, December 3, 2024Lad KucisLitigation, Health LawConflict of Interest, Motion, CCO
In this recent, novel case before the Discipline Committee of the College of Chiropodists of Ontario (CCO), the majority of the Panel rejected the CCO’s motion to have legal counsel for the chiropodist disqualified due to a conflict of interest, namely because he had previously provided legal services to the CCO while working at another law firm...
Read the full post, click here.
Media article that reports on court decision not proper subject for a defamation claim (Masjoody v. Burnaby Beacon)
Monday, December 2, 2024Stephen A. ThieleLitigationDefamation, Anti-SLAPP Motion, Allowed
In general, a court proceeding is open to the public...
Read the full post, click here.
Umbrella baseball association ordered to admit baseball league as a member (Mississauga Majors v. Provincial Women’s Softball Association)
Friday, November 29, 2024Stephen A. ThieleSports Law, Associations, Memberships
Sports law is not just about representing high-priced athletes in contract negotiations, salary arbitrations or on product endorsements...
Read the full post, click here.
Court rejects force majeure and frustration defences following aborted transaction (Liddell v. Mousavi)
Tuesday, November 26, 2024James R.G. CookLitigationAgreement of Purchase and Sale, Property
Parties to a binding agreement to buy a property may wish to get out of the deal if their circumstances change before closing, particularly if they have not been able to secure financing by the closing date...
Read the full post, click here.
Defendant business competitors liable for defamation campaign based on common design (Valley Traffic Systems Inc. v. Malak)
Monday, November 25, 2024James R.G. CookLitigationBritish Columbia, Defamation
Defamatory publications that are intended to harm a business competitor may give rise to substantial damages, as shown by the decision of the Court of Appeal for...
Read the full post, click here.
Damages awarded for slander of title and failure to complete transaction (McKenzie v. Fabco Holdings Inc.)
Thursday, November 21, 2024James R.G. CookLitigationReal Estate, slander
Does the threat of litigation over a property allow a buyer to back out of a pending transaction? What are the consequences if the threatened...
Read the full post, click here.
Competition in the Transportation Industry and Recent Amendments to the Competition Act
Wednesday, November 20, 2024Rui FernandesLitigationCompetition Act, Transportation & Logistics
Over the last five years, there has been a rising concern by consumers about the cost of goods and services linked to the transportation...
Read the full post, click here.
Supreme Court endorses support for airline passenger compensation regime (International Air Transportation Association v. Canada (Transportation Agency))
Wednesday, November 20, 2024Jamal RehmanLitigationTransportation & Logistics, Transport Canada, Air Passenger Protection Regulations, Canada Transportation Act, Carriage by Air Act
On October 4, 2024, the Supreme Court of Canada released its long-awaited decision of International Air Transportation Association v. Canada...
Read the full post, click here.
Enforcement under the Towing and Storage Safety and Enforcement Act is strict and unforgiving
Wednesday, November 20, 2024Conal CalvertLitigationTransportation & Logistics, Towing and Storage Safety and Enforcement Act, Consumer Protection Act, Statutory Powers and Procedures Act
The new towing regime in Ontario is now in effect with the changes to the Towing and Storage Safety and Enforcement Act (“TSSEA”) and its...
Read the full post, click here.
An Ounce of Prevention is Worth a Pound of Cure: The Importance of a Robust Document Retention Policy for Motor Carriers
Wednesday, November 20, 2024LitigationTransportation & Logistics, National Safety Code , Canada Labour Code
For transportation services providers, proper document retention is an essential pillar of their operations. Carriers should ensure they...
Read the full post, click here.
The Ownership and Operation of Health Clinics by Non-Health Professionals: The Case for Registration
Thursday, November 14, 2024Lad KucisLitigation, Health LawHealthClinics, Ownership
In Ontario, a person can own and operate a health clinic without being registered with any oversight body...
Read the full post, click here.
Homeowner staves off enforcement of judgment against co-owner’s registered interest (Brunton v. Lanzarotta)
Thursday, November 14, 2024James R.G. CookLitigationHomeOwners, Property, Title
Ontario’s Land Titles Act is intended to be a true and accurate reflection of the state of title to a property...
Read the full post, click here.
Why Commercial Real Estate Lenders in Ontario Should Avoid Being Co-Defendants in Construction Lien Matters
Wednesday, November 13, 2024Zev ZlotnickBusiness Law, Corporate LawCommercial Real Estate, Lending, Construction Liens
In Ontario, commercial real estate lenders need to be cautious of their involvement in borrower construction lien matters, especially when it comes to being named as co-defendants...
Read the full post, click here.
Lawyer’s letter protected from defamation claim by absolute privilege (Neve v. Adams)
Monday, November 11, 2024James R.G. CookLitigationDefamation, Lawyers
Lawyers writing to third parties for information about their clients’ dispute may need to refer to the nature of the allegations at issue against adverse parties...
Read the full post, click here.
Buyer fails to tender by withholding full purchase price (1785192 Ontario Inc. v. Ontario H Limited Partnership)
Thursday, November 7, 2024James R.G. Cook, Isabel YooLitigationReal Estate, Buyer, Seller, Withholding
A buyer who wishes to dispute whether a seller has completed their obligations leading up to closing may wish to withhold the full amount of the agreed-upon purchase price...
Read the full post, click here.
Navigating AI in the Courtroom: Insights from the Canadian Judicial Council’s New Guidelines
Friday, November 1, 2024Delila BikicLitigationAI, Technology
In today’s age of rapid advancement in the development to Artificial Intelligence technology (“AI”), Canadian courts are facing increased pressure to respond to its use...
Read the full post, click here.
No failure to mitigate by sellers in failed real estate transaction (Singh and Kaur v. Feneich)
Friday, November 1, 2024James R.G. Cook, Delila BikicLitigationReal Estate, Transactions
Cases arising from failed residential real estate transactions in a falling market continue to affirm that a buyer who breaches an agreement to purchase a property may be liable for substantial damages...
Read the full post, click here.
Court dismisses solicitor’s negligence claim for plaintiff’s failure to serve claim for nearly 7 years (Cayer v. Arseneau)
Tuesday, October 29, 2024Lauren Rakowski, Isabel Yoo, Abigail KorbinLitigationRules of Civil Procedure, Delay
Issuing a Statement of Claim is the first step for a plaintiff to bring a legal claim. It is not the only step. Once issued, a plaintiff must...
Read the full post, click here.
Court reinstates ousted directors of not-for-profit corporation (Lewis v. Niagara Regional Native Centre)
Tuesday, October 29, 2024Isabel Yoo, Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and Charities
Directors were removed from the board of a not-for-profit corporation by a motion supported by loud “cheers, whoops, and...
Read the full post, click here.
Meeting of the minds important to the enforceability of a contract (Corridor Transport Inc. v. Lentini)
Monday, October 28, 2024Stephen A. Thiele, Rob Winterstein, Michael LauricellaLitigationContracts, Formation, Torts, Conversion, Identity of the parties
A fundamental principle in the law of contracts is that parties to the contract must be ad idem. In other words, there must be a meeting of the minds of the contracting parties regarding the purpose, scope and....
Read the full post, click here.
Commercial Real Estate Lenders and Construction Liens
Tuesday, October 22, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Construction Liens, Lending
Commercial real estate lenders operating in Ontario must be vigilant about construction liens due to the significant legal and financial implications these
liens can impose...
Read the full post, click here.
Defamation action brought by Freedom Convoy protestors against Canadian Anti-Hate Network dismissed (Cornell v. Trudeau)
Friday, October 4, 2024Isabel YooLitigationTorts, Defamation, Anti-SLAPP
The recent decision of Cornell v. Trudeau, 2024 ONSC 5343 highlights the importance of providing sufficient details and particulars in a claim for defamation...
Read the full post, click here.
Buyer failed to complete real estate transaction as required by time is of the essence clause (Correa v. Valstar Homes)
Friday, September 27, 2024James R.G. CookLitigationReal Estate, Transactions
Real estate purchase transactions generally require that the parties be in a position to complete their obligations by a set closing date...
Read the full post, click here.
Mandatory Survey for Manufacturers, Importers and Users of PFAS
Monday, September 23, 2024Rui FernandesLitigationTransportation & Logistics, PFAS
On July 27, 2024, both the Minister for Environment and Climate Change and the Minister for Health of Canada issued a joint notice mandating that companies report information on the manufacture, import, and use of 312 types of Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”) by Jan. 29, 2025...
Read the full post, click here.
Plaintiffs obtain Norwich order for disclosure of name of confidential informant (Taylor v. Metrolinx)
Thursday, September 19, 2024James R.G. CookLitigationProcedure, Action, Norwich order
Parties who wish to obtain information that is necessary for the commencement of proceedings, such as the identities of proposed defendants, may seek assistance from the court in the form of a “Norwich” order, which requires a third party to an action or potential action to disclose information that is otherwise confidential...
Read the full post, click here.
Impact of Unsecured Debt on a Mortgage Lender's Security
Wednesday, September 18, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending
In the context of commercial lending, the priority of claims is a critical aspect of risk management. A common concern for commercial mortgage lenders is how a borrower’s unsecured debt, such as debt arising from promissory notes, can impact the lender’s security interest in the mortgaged property...
Read the full post, click here.
Proposed Amendments to Trust Reporting Requirements – August 2024 Edition
Tuesday, September 17, 2024Ian SpiegelBusiness Law, Corporate LawIncome Tax Act
Enhanced trust reporting requirements were enacted for trusts with a taxation year ending after December 30, 2023, and required certain trusts to file a T3 Trust Income Tax and Information Return (“T3 Return”) and Schedule 15 Beneficial Ownership Information of a Trust (“Schedule 15”)...
Read the full post, click here.
Purchasing a Private Vessel: What You Should Know
Monday, September 16, 2024Rui FernandesLitigationPrivate Vessel, Transportation & Logistics, Finance
The purchase of a private vessel can be a major commitment that requires careful consideration. Before entering into any purchase transaction, many aspects of vessel ownership and operation must be considered...
Read the full post, click here.
Specific Assignment of Lease
Thursday, August 29, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate
Commercial real estate mortgage lenders in Ontario require a comprehensive security package to safeguard their investment...
Read the full post, click here.