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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...
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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...
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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”)...
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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...
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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...
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Transportation Broker Liability in the U.S.A. – Avoiding Nuclear Verdicts
Monday, August 26, 2024Rui FernandesLitigationTransportation & Logistics, Trucking, Nuclear Verdict
Canadian trucking companies and Canadian transportation brokers are always at risk for nuclear verdicts[1] for their operations when they go into...
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Federal Court of Appeal Upholds Canadian Transportation Agency Decision to Allow CN to Construct Railway Line in the Town of Milton - Halton (Regional Municipality) v. Canada (Transportation Agency), 2024 FCA 122 (CanLII)
Friday, August 23, 2024Rui FernandesLitigationTransportation & Logistics, Transport Canada
he Canadian National Railway Company applied to the Canadian Transportation Agency under subsection 98(2) of the Canada Transportation Act, S.C. 1996, c. 10, for the...
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Who is liable when an AI chatbot tells a customer to phone a scammer?
Friday, August 23, 2024Noah Bonis CharancleLitigationTransportation & Logistics, Artificial Intelligence, Chatbot
Use of AI chatbots as an alternative to traditional customer support has dramatically increased over the last few years. Their appeal is understandable in that...
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The Tragedy of Ukraine International Airlines Flight PS 752 and the Montreal Convention: A Case Study
Friday, August 23, 2024M. Gordon HearnLitigationTransportation & Logistics, Aviation Law, Ukraine, Montreal Convention
The recently published decision by Madame Justice Akbarali of the Ontario Superior Court in S. v. Ukraine International Airlines JSC, 2024 ONSC 3303, involves...
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New Pay Equity Regulations come into effect September 3, 2024 for Federally Regulated Employers
Friday, August 23, 2024Saisha MahilLitigation, Employment LawPay Equity Act
The Pay Equity Act, S.C. 2018, c. 27, s.416 (the “Act”) received Royal Assent on December 13, 2018, and came into force on August 31, 2021. Under the...
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Realtor liable for failing to confirm location of new build property (Zhang v. Primont Homes (Caledon) Inc.)
Friday, August 23, 2024James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale, GTA Real Estate, Caledon
In some cases, misrepresentations made prior to the signing of an Agreement of Purchase and Sale (APS), may allow a buyer to sue for damages, as demonstrated...
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President of not-for-profit corporation reinstated following oppression application (Carr v. O’Reilly)
Thursday, August 22, 2024Clifford S. Goldfarb, James R.G. CookLitigationCorporate Law, Not-for-Profit/Charities
In Carr v. O’Reilly, 2024 ONSC 4412 (CanLII), the President of a not-for-profit corporation successfully brought an oppression application under...
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Receiver appointed over property notwithstanding allegations of fraudulent mortgage (Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan)
Monday, August 19, 2024James R.G. CookLitigationReal Estate, Mortgage, GTA Real Estate, Land Title Act
In Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan, 2024 ONSC 4481 (CanLII), the applicant lender sought to appoint a receiver over a property in King City,
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Security for costs victories
Monday, August 19, 2024Stephen A. Thiele, Anna Husa, Howard Wolch, James Beesley, Isabel YooLitigationCivil Procedure, Security for Costs
Under rule 56.01 of the Rules of Civil Procedure, a defendant can protect themselves against the costs of a legal proceeding by seeking an order that the...
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Province free to redevelop Ontario Place (Ontario Place Protectors v. HMTK in Right of Ontario)
Friday, August 16, 2024Stephen A. ThieleLitigationCivil Procedure, Standings, Actions against government
The actions of a government are not immune from litigation before the courts, particularly where Constitutional or Charter rights are in issue. Although courts are...
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Claim for misrepresentation of property tax amount in real estate listing defeated by entire agreement clause (Langen v. Sharma)
Wednesday, August 7, 2024James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale
When deciding to buy a property, buyers may review various representations in the real estate listing which purport to list the property’s key facts...
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Attornment and Non-Disturbance Agreements
Tuesday, August 6, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate, Non-Disturbance Agreement, Lease Agreement, Mortgage, Landlord and Tenant
Attornment grants authority or jurisdiction to a party even if no legal right exists. It is a legal device that is comparable to an assignment. Attornment may...
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Claim against lawyer dismissed following borrower’s default in asset sale (899755 Alberta Ltd v Herter)
Tuesday, August 6, 2024James R.G. CookLitigationProfessional Negligence, Asset Sale
When a client sues their former transaction lawyer for professional negligence, the issue is often the extent or scope of the duty owed to the...
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Injunction denied in dispute between competing health clinics (Strength-N-U Inc. v. Silva)
Friday, August 2, 2024James R.G. CookLitigationHealthcare, Software, Chiropractor, Physiotherapist
Businesses may feel aggrieved when faced with competition from former key personnel. While courts will closely examine contractual obligations and the potential misuse of...
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Buyer fails to prove damages resulting from sellers’ breach of agreement to sell gas station (2511899 Ontario Inc v. 2221465 Ontario)
Monday, July 29, 2024James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate
When a seller breaches an agreement to complete a transaction, the jilted buyer may assume that they will be in a position to obtain damages for breach of contract. This result is...
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Restrictions on encampments on public land do not violate US Constitution (City of Grants Pass, Oregon v. Johnson)
Friday, July 19, 2024Stephen A. ThieleLitigationBy-Laws, Encampments, Constitutionality, Municipalities
Worldwide, countries and cities are suffering an apparent affordable housing crisis. In Canada, our largest urban centres are experiencing the...
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Lender’s failure to provide mortgage discharge results in damages for borrower’s inability to complete secondary transaction (De Rita v. 1266078 Ontario Inc.)
Monday, July 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Damages
The failure to provide a mortgage discharge on a timely basis may expose a lender to damages arising from a borrower’s inability to access...
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Three Tips for Ontario Not-for-Profit Corporations as ONCA Deadline Approaches
Monday, July 15, 2024Heather Keachie, Lynne WesterhofNon-Profit and Charities, Business Law, Corporate LawNot-for-profit Corporations Act (ONCA)
The transition deadline to comply with the Not-for-Profit Corporations Act, 2010 (Ontario) (“ONCA”) is quickly approaching. The ONCA came into effect on October 19, 2021, and...
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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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Claim against jointly-retained real estate lawyer dismissed after party’s repudiation of transaction (Precision Forest Industries Ltd v Cox)
Friday, July 12, 2024James R.G. CookLitigationReal Estate, Alberta
In circumstances where an agreement to complete a real estate transaction fails to close but neither party was in a position to do so, the...
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Court orders protestor encampment to be removed from university campus (University of Toronto (Governing Council) v. Doe)
Thursday, July 4, 2024Stephen A. ThieleLitigationInjunction, Trespass, Encampments, Real Property
In general, universities around the world are a crucible for the exchange of passionate political ideas and the incubator of social movements. As a result of a terrorist act in...
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Is a company liable for its AI chatbot telling a customer to phone a scammer?
Thursday, July 4, 2024Noah Bonis CharancleLitigationTransportation & Logistics, AI, Chatbot, Artificial Intelligence
Client-facing Artificial Intelligence chatbots are being used more and more frequently by corporations to respond to client inquiries. These artificial intelligence programs, able to string...
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Court rejects application record and affidavit sworn by associate for failing to comply with the Rules of Civil Procedure (Sabbagh v. Waterford Grand Retirement Residence)
Friday, June 28, 2024Isabel YooLitigationRules of Civil Procedure
When preparing documents for court, the form, not only the substance, of the materials filed matters greatly. Failure to abide by the Rules of Civil Procedure, which...
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Defamation claim against Global News by former Liberal MP survives Anti-SLAPP motion (Dong v. Global News)
Monday, June 24, 2024James R.G. CookLitigationDefamation, Anti-SLAPP Legislation, Anti-SLAPP, Courts of Justice Act
Anti-SLAPP motions are an important tool available for defendants to put a stop to claims that are intended to silence free expression through...
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The Empire Strikes Back: Attorney General of Canada Files Response in Tavares’ Appeal
Monday, June 24, 2024Ian SpiegelBusiness Law, Corporate LawIncome Tax Act
The captain of the Toronto Maple Leafs (the “Leafs”), John Tavares (“Tavares”), is currently in the process of appealing a Notice of Reassessment that was issued by the Canada Revenue Agency (“CRA”) with respect to his 2018 income. The Notice of Reassessment...
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