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17 May

Kielburger defamation claim against Canadaland survives anti-SLAPP motion (Kielburger v. Canadaland Inc.)

Friday, May 17, 2024James R.G. CookLitigationDefamation

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A defamation action brought by the mother of WE Charity founders Craig and Marc Kielburger against Canadaland Inc. was allowed to continue after an...

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14 May

Steps in a Power of Sale

Tuesday, May 14, 2024Zev ZlotnickBusiness Law, Corporate LawMortgage, Power of Sale, Ontario Mortgages Act, Bankruptcy and Insolvency Act

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As a commercial mortgage lender you generally prefer the avoidance of enforcement. However, one must hope for the best and plan for the worst...

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6 May

Harvey Weinstein and the Law of Similar Fact Evidence (The People v. Weinstein)

Monday, May 6, 2024Stephen A. ThieleLitigationEvidence, Admissibility, Similar facts

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#MeToo is a social movement that gained prominence beginning in 2017. The purpose of the movement is to campaign against sexual abuse, sexual harassment and rape culture...

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29 Apr

Bank hit with $850,000 damages award for defaming former employee (Curtis v. Bank of Nova Scotia)

Monday, April 29, 2024Stephen A. ThieleLitigationTorts, Defamation, Evidence, Damages

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In any civil action, evidence is important for the purposes of either proving or defending against a claim. While in most cases, the... 

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19 Apr

Breach of privacy and unauthorized access to electronic information in spousal dispute (Chen v. Huang)

Friday, April 19, 2024James R.G. CookLitigationPrivacy, Privacy Rights, Facebook

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While it may be commonplace for spouses to share access to computers and online accounts in a matrimonial home, one has a right to a reasonable...

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18 Apr

Not-So-Cheap Thrills: The Bare Trust Reporting Rollercoaster

Thursday, April 18, 2024Ian SpiegelBusiness Law, Corporate LawTrusts, Tax & Estate Planning

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In our previous blogs, we discussed the expanded trust filing and reporting requirements for trusts with tax years ending on or after...

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15 Apr

Advice is (Not) Cheap: Tax Advisor Found Negligent for Overlooking GAAR Risks

Monday, April 15, 2024Ian SpiegelBusiness Law, Corporate LawTax & Estate Planning

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Tax advisors play a crucial role in navigating the complexities of the Income Tax Act (Canada) (the “ITA”) and its...

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12 Apr

The failure to prove publication is fatal to a defamation claim (Knight v. Sunshine Coast Campground Group Ltd.)

Friday, April 12, 2024Stephen A. ThieleLitigationTorts, Defamation, Publication

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My purpose in writing law blogs is to educate the reader about the legal issues reviewed in court decisions in a way...

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11 Apr

Injunction against CBC denied in contractor’s defamation claim (Evangelisti v. Canadian Broadcasting Corporation)

Thursday, April 11, 2024James R.G. CookLitigationlibel, slander, CBC, Defamation

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A party seeking an injunction to prevent a broadcaster from publishing a story about them will face significant obstacles due to the principles of...

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3 Apr

No reasonable cause of action for alleged defamation protected by absolute privilege (Lopinski v. Raji)

Wednesday, April 3, 2024Stephen A. ThieleLitigationDefamation, Absolute Privilege, Defences

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Regular followers of my blogs will probably have recognized that they often feature defamation cases and...

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28 Mar

Update: Bare Trusts No Longer Required To File T3 Returns For 2023

Thursday, March 28, 2024Ian SpiegelBusiness Law, Corporate LawCanada Revenue Agency (CRA), Trusts

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In our previous blog post, we discussed the Canada Revenue Agency’s (the “CRA”) expanded trust filing and reporting....

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22 Mar

Can an undischarged bankrupt start a lawsuit without notifying his trustee in bankruptcy? (Little v. Bramcan Investments Ltd.)

Friday, March 22, 2024Stephen A. Thiele, Noah Bonis CharancleLitigationTransportation & Logistics, Bankruptcy and Insolvency Act, Insolvency, Rules of Civil Procedure

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Can an undischarged bankrupt bring a lawsuit in his own name without notifying his trustee in bankruptcy? In Little v. Bramcan Investments Ltd2024 ONSC 1485 (CanLII), the Ontario...

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15 Mar

Lawyer ordered to pay costs for citing fake cases in court material (Zhang v. Chen)

Friday, March 15, 2024Stephen A. ThieleLitigationCivil procedure – Costs = Lawyers = Personal costs, Ethics – Lawyers = Legal research – Artificial intelligence

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“The risks of using ChatGPT and other similar tools for legal purposes was recently quantified in a January 2024 study: Matthew...

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15 Mar

Borrower’s lawyer not liable for payment of mortgage broker’s fee (First Canadian Mortgage Corporation v. Djukic)

Friday, March 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Rules of Professional Conduct, Mortgage Brokerages

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Parties in a transaction gone wrong may sometimes blame the other side’s lawyer for the results. However, it is...

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15 Mar

Follow-Up CBC Report Outlines Corporate Pressure Exerted by Shoppers Drug Mart

Friday, March 15, 2024Lad KucisLitigation, Health LawPharmacist, Pharmacy

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In a follow-report released on March 14, 2024, the CBC states that it has received information from more than a dozen current and former...

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13 Mar

Three Things Canadian Charities Need to Know Before Providing Humanitarian Aid

Wednesday, March 13, 2024Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesIncome Tax Act, Humanitarian Aid

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In the midst of many global crises, Canadian charities are often involved in providing humanitarian aid...

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11 Mar

Discipline Matters Before the Ontario College of Pharmacists (OCP): A Defence Lawyer’s Perspective

Monday, March 11, 2024Lad KucisLitigationOntario College of Pharmacists, Pharmacist, Healthcare, Disciplinary Hearing

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As legal counsel for pharmacists, we are often asked questions about what happens when a pharmacist is referred to the Discipline Committee of the...

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6 Mar

Court orders defendant to pay costs of $300,000 for refusing to settle claim (Barry v Anantharajah)

Wednesday, March 6, 2024James R.G. CookLitigationRules of Civil Procedure, Motor vehicles

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In Ontario, the Superior Court of Justice has broad discretion when it comes to awarding costs following a...

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5 Mar

Can statements by client-facing AI Chatbots bind their owners? (Moffatt v. Air Canada)

Tuesday, March 5, 2024Noah Bonis CharancleLitigationTransportation & Logistics, AI, Artifical Intelligence

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More and more corporations are using client-facing Artificial Intelligence Chatbots to respond to client...

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1 Mar

Allegedly defamatory Tweets about medical doctor dismissed as “fair comment” under Anti-SLAPP legislation (Gill v. Maciver)

Friday, March 1, 2024James R.G. CookLitigationDefamation, Anti-SLAPP

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In Gill v. Maciver, 2024 ONCA 126 (CanLII), the Court of Appeal for Ontario upheld the dismissal of an action brought by a... 

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29 Feb

CBC Report Outlines Corporate Pressure by Shoppers Drug Mart: How will this Impact Pharmacists?

Thursday, February 29, 2024Lad KucisLitigation, Health LawPharmacy, MedsCheck, Pharmacist, Ontario College of Pharmacists

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An investigative report published yesterday on CBC.ca reveals that former Shoppers Drug Mart (SDM) employees are...

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29 Feb

Court critical of mortgage lender and Director of Titles for failing to consent to removal of fraudulent mortgage instrument from title (Sun v. Ryan Mortgage Income Fund Inc.)

Thursday, February 29, 2024James R.G. CookLitigationGTA Real Estate, Title Insurance, Mortgage, Rules of Civil Procedure, Land Title Act

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In a decision which removed a fraudulent mortgage instrument from title to the applicants’ property, the Ontario Superior Court of Justice was...

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27 Feb

Anti-Money Laundering (AML) - What does it mean and why is it important?

Tuesday, February 27, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Money Laundering, Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), Proceeds of Crime (Money Laundering) and Terrorist Financing Act

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Money laundering is the concealment of the origins of illegally obtained money and disguising them as financial assets, such...

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26 Feb

Defamation action against family members of nursing home resident dismissed (Fiddick Nursing Home Ltd. v. Moore)

Monday, February 26, 2024Stephen A. ThieleLitigationTorts, Defamation, Anti-SLAPP, Dismissal of Action

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The COVID-19 pandemic resulted in a lot of media coverage about the care provided to seniors in nursing homes. Seniors were...

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26 Feb

Discipline Matters Before the College of Chiropractors of Ontario (CCO): A Defence Lawyer’s Perspective

Monday, February 26, 2024Lad KucisLitigation, Health LawHealthcare, College of Chiropractors of Ontario, Disciplinary Hearing

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As legal counsel for chiropractors, we are often asked questions about what happens when a chiropractor is referred to the Discipline Committee of...

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21 Feb

Top 10 List: What Health Professionals Need to Know About Discipline Committee Hearings

Wednesday, February 21, 2024Lad KucisLitigation, Health LawDisciplinary Hearing

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In my opinion, here are the top 10 items that Health Professionals need to know about Discipline Committee hearings...

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20 Feb

More or Less Mortgage Terms?

Tuesday, February 20, 2024Zev ZlotnickBusiness Law, Corporate Law, Real EstateMortgage, Commercial Mortgage

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Dye & Durham Standard Charge Terms 200033 are the standard charge terms that are included in...

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16 Feb

Trust Reporting Season is Here: Your Primer on the New Requirements for 2023

Friday, February 16, 2024Ian SpiegelCorporate Law, Business Law, Tax and Estate Planning, Tax LawTrusts, Income Tax Act

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On December 15, 2022, Bill C-32, the Fall Economic Statement Implementation Act, 2022, S.C. 2022, c. 19 (“Bill C-32”), received Royal Assent. Bill C-32 amended the...

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13 Feb

Criminal Rate of Interest

Tuesday, February 13, 2024Zev ZlotnickCorporate Law, Business Law, Real EstateInterest, Interest Rates

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Pursuant to Section 347 of the Criminal Code a criminal rate of interest is defined as an effective annual rate...

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9 Feb

Are Signing Bonuses Bad for Canada’s Sports Franchises?

Friday, February 9, 2024Ian SpiegelBusiness Law, Corporate LawSports Law, Tax & Estate Planning

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Toronto has a rich history in professional sports. The Maple Leafs is an Original Six franchise with the...

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