Blog

Blog

2 Dec

Law firm obtains injunction against former associate after Thanksgiving weekend coup

Thursday, December 2, 2021James R.G. CookLitigation

SHARE:

At 1 p.m. on the Friday afternoon of the October 2021 Thanksgiving long weekend, a lawyer employed as an associate in the Brampton location of the firm...

Read the full post, click here.

1 Dec

Self-defence prevails in recreational hockey league stick-swinging incident

Wednesday, December 1, 2021Stephen A. ThieleLitigationHockey, Sports Law, Assault with a weapon, Self-defence

SHARE:

Hockey is one of Canada’s most popular sports. From a young age, many children are taught how to skate and are either registered in organized ice hockey leagues or...

Read the full post, click here.

29 Nov

Sellers not allowed to rely on “escape clause” to accept a better offer

Monday, November 29, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

SHARE:

In some cases, sellers may wish to ‘hedge their bets’ by accepting a conditional offer that contains a term allowing them to continue to market the property for sale until... 

Read the full post, click here.

29 Nov

City Councillor gets burned for municipal conflict of interest over a matter involving a fire

Monday, November 29, 2021Stephen A. ThieleLitigationPolitical Law, Conflict of Interest, Removal from office

SHARE:

Municipal councillors and local board members are obligated to avoid participating in matters where their economic self-interest may be in conflict with... 

Read the full post, click here.

26 Nov

Porch bandits - adverse possession remains alive and well in Toronto

Friday, November 26, 2021James R.G. CookLitigationLand Title Act, GTA Real Estate

SHARE:

The doctrine of adverse possession remains alive and well in Toronto despite the conversion of most properties into the Land Titles registry system many...

Read the full post, click here.

26 Nov

Ford wins again! Court of Appeal for Ontario upholds dismissal of defamation action against him

Friday, November 26, 2021Stephen A. Thiele, Alexander Melfi, Gavin J. TigheLitigationDefamation, Torts, SLAPP

SHARE:

Section 137.1 of the Courts of Justice Act (the “CJA”) has made it harder for a plaintiff to maintain a defamation action against a defendant where the issue related to the expression involves a matter of...

Read the full post, click here.

22 Nov

Unfulfilled Promise to Transfer Family Property Upheld by Court of Appeal for Ontario

Monday, November 22, 2021James R.G. CookLitigation, Estate Planning

SHARE:

In a recent decision, the Court of Appeal addressed the longstanding relationship in estate litigation between the enforceability of promises, unjust enrichment, and the remedy...

Read the full post, click here.

22 Nov

The ONCA at one month: the good, the bad, and the frequently misunderstood

Monday, November 22, 2021Clifford S. Goldfarb, James M. Parks, Heather Keachie, Christine JubianBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA)

SHARE:

The Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”) came into effect as of October 19, 2021, and there are a number of misconceptions about its effect on existing corporations incorporated under the...

Read the full post, click here.

5 Nov

Lawyer who was not provided the opportunity to be heard about breach of duty to the court was denied procedural fairness

Friday, November 5, 2021James R.G. CookLitigationProcedural Fairness

SHARE:

Professional reputations which take years to build can be damaged by negative comments in judicial reasons, which are publicly available on CanLII and...

Read the full post, click here.

3 Nov

Realtor’s full and final release extended to cover brokerage

Wednesday, November 3, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate

SHARE:

Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and...

Read the full post, click here.

2 Nov

Lawyer not added as a defendant to counterclaim in real estate dispute

Tuesday, November 2, 2021Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure, Real Estate

SHARE:

In general, rules governing the amendment of pleadings in a civil action are generous. Courts are mandated to allow amendments. However in circumstances where an...

Read the full post, click here.

1 Nov

Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan

Monday, November 1, 2021James R.G. CookLitigationLoans, Real Estate, GTA Real Estate, Monetary Gift, Brampton

SHARE:

Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of...

Read the full post, click here.

1 Nov

Ontario Court of Appeal upholds setting aside of a notice of discontinuance

Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationRules of Civil Procedure, Real Estate

SHARE:

On August 3, 2020, lawyers at Gardiner Roberts LLP were successful in getting a notice of discontinuance set aside for their real estate brokerage...

Read the full post, click here.

29 Oct

Investor required to return funds received for limited partnership units based on calculation mistake

Friday, October 29, 2021James R.G. CookLitigation

SHARE:

In certain circumstances, the legal doctrines of common mistake and rectification may provide a remedy to a party who has paid out funds that are based upon admitted errors in...

Read the full post, click here.

28 Oct

Lawyer wins $500,000 in defamation action

Thursday, October 28, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts

SHARE:

Damage awards in a defamation case can be significant. This is especially the case where the person defamed is a professional. In Soliman v. Bordman, 2021 ONSC 7023, a prominent and...

Read the full post, click here.

28 Oct

Examining former NHL player Kyle Beach’s sexual abuse lawsuit from a Canadian Employment law perspective

Thursday, October 28, 2021Soma Ray-EllisLitigation, Employment LawOccupational Health and Safety Act, Ontario Human Rights Code

SHARE:

On Wednesday, former Chicago Blackhawks forward Kyle Beach came forward and identified himself as ‘John Doe’, the individual who filed a lawsuit against the NHL team over how...

Read the full post, click here.

26 Oct

Buyers bound to agreement of purchase and sale negotiated by family friend

Tuesday, October 26, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

SHARE:

Buyers who rely on real estate services provided by a family friend would do well to ensure that they are fully aware of the consequences of entering into a...

Read the full post, click here.

25 Oct

Mortgage lender did not breach duty of honest contractual performance

Monday, October 25, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act

SHARE:

A mortgage lender enforcing its rights under a mortgage may owe the borrower a duty to do so honestly and in good faith. However, this does not mean that...

Read the full post, click here.

21 Oct

Defamer gets 18 month jail sentence for contempt of court

Thursday, October 21, 2021Stephen A. ThieleLitigationDefamation, Torts, Remedies, Contempt of Court

SHARE:

In the law of defamation, we only tend to think about the damages that are awarded for a person’s loss of reputation or the intellectual analysis conducted by... 

Read the full post, click here.

19 Oct

Ontario’s “appropriate means” test for limitation periods after Grant Thornton v. New Brunswick

Tuesday, October 19, 2021James R.G. CookLitigationLimitation Periods, Ontario Limitations Act

SHARE:

As we recently wrote, the Supreme Court of Canada’s recent decision on limitation periods in Grant Thornton v New Brunswick, 2021 SCC 31 (CanLII), left open the question of how

Read the full post, click here.

18 Oct

Snapchat post results in liability for defamation

Monday, October 18, 2021James R.G. CookLitigationDefamation, Social Media

SHARE:

Capturing and reposting a screen shot of a private Snapchat photo sent by another person can result in liability for damages if it includes defamatory comments about...

Read the full post, click here.

15 Oct

Incorrect Counting of Unused Ballots Results in Judicial Recount

Friday, October 15, 2021Stephen A. ThieleLitigationPolitical Law, Election Law , Recounts

SHARE:

An election is not officially over until all of the ballots are counted and the results are certified by the Chief Electoral Officer. This includes the...

Read the full post, click here.

14 Oct

Ontario Business Registry: Moving Businesses Online

Thursday, October 14, 2021Clifford S. Goldfarb, James M. Parks, Heather Keachie, Christine JubianBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA), Ontario Business Registry

SHARE:

On October 19, 2021, the Ontario Ministry of Government and Consumer Services (the “Ministry”) will open the online Ontario Business Registry (“OBR”). The registry will 

Read the full post, click here.

12 Oct

Lawyer who lied about personal background and shared client information did not breach duty of loyalty

Tuesday, October 12, 2021James R.G. CookLitigationDuty of Loyalty

SHARE:

The duty of loyalty owed by lawyers to their clients is a foundational principle in the adversarial system. The Supreme Court of Canada has described the duty of...

Read the full post, click here.

7 Oct

Mortgage granted by defendant facing trial judgment set aside as a fraudulent conveyance

Thursday, October 7, 2021James R.G. CookLitigation, Real EstateFraudulent Conveyances Act, Assignments and Preferences Act

SHARE:

Defendants facing the prospect of an unfavourable ruling at trial should be aware that any conveyances or payments to third parties during...

Read the full post, click here.

7 Oct

Plaintiffs ordered to pay costs of $164,186 after trying to bully defendants into removing negative online reviews

Thursday, October 7, 2021James R.G. CookLitigationRules of Civil Procedure, Anti-SLAPP Legislation, Online Review, Courts of Justice Act

SHARE:

Plaintiffs who commence a defamation action would be well-advised to consider the potential consequences of having the claim dismissed at an early stage...

Read the full post, click here.

4 Oct

Supreme Court of Canada upholds reduction in size of Toronto's City Council

Monday, October 4, 2021Stephen A. Thiele, Gavin J. Tighe, James R.G. CookLitigationToronto Politics, Supreme Court of Canada, City Councillors

SHARE:

In Canada’s recent federal election, voters demonstrated a passion for democracy and were willing to stand in long line-ups to exercise their... 

Read the full post, click here.

4 Oct

Dispute between neighbours over fence location results liability for trespass

Monday, October 4, 2021James R.G. CookLitigation, Real Estate

SHARE:

Fences may make good neighbours but not when they can’t agree on where the fence should be located. In Lombardo v. 2672140 Ontario Inc...

Read the full post, click here.

30 Sep

GR lawyers succeed in having action over cancelled building permit transferred to correct court

Thursday, September 30, 2021Stephen A. Thiele, Kenneth JullLitigationConservation Authority, Conservation Authorities Act

SHARE:

Each jurisdiction has different levels of court. In Ontario, there is the Small Claims Court, the Ontario Superior Court of Justice, the Divisional Court and the...

Read the full post, click here.

27 Sep

Lack of written contract for home construction project results in dispute with contractor

Monday, September 27, 2021James R.G. CookLitigationConstruction , Home Construction, Renovations, Construction Act

SHARE:

Major home construction projects involve a substantial investment of time and money. There is typically a high amount of stress involved for homeowners over the scope of...

Read the full post, click here.

Subscribe Now