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28 Jun

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

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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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10 Jun

B.C. court orders shared custody of separated couple’s dog under new Family Law Act amendments (Bayat v. Mavedati)

Monday, June 10, 2024Isabel YooLitigationFamily Law, Pet Ownership

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The British Columbia Family Law Act was amended in January of 2024 to include specific provisions to determine the ownership of a couple’s “companion animal”...

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1 Feb
29 Jan

Defamation action against Law Society Treasurer transferred from Small Claims to Superior Court (Horvat v. Goldstein)

Monday, January 29, 2024Isabel YooLitigationSmall Claims Court, Defamation, Law Society of Ontario

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Litigants seeking damages in an amount of $35,000 or less may bring their claim in the Small Claims Court, which generally provides a faster and...

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12 Dec

Lost profits of $11 million not the appropriate measure of damages for aborted sale to developer (The Rosseau Group Inc. v. 2528061 Ontario Inc.)

Tuesday, December 12, 2023James R.G. Cook, Isabel YooLitigationReal Estate, Commercial Real Estate

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Is the measure of damages for a seller’s failure to complete the sale of commercial land based upon the lost profits that the buyer could...

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29 Nov

Court blasts school board chairman for undemocratic attempt to curtail freedom of expression (Burjoski v. Waterloo Region District School Board)

Wednesday, November 29, 2023James R.G. Cook, Isabel YooLitigationAnti-SLAPP, Anti-SLAPP Legislation, Defamation

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Anti-SLAPP motions continue to reflect the conflicts that may arise over the freedom of the public to express opinions on ...

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15 Nov

Adverse Costs Policy is Not Privileged or Confidential; Full Policy Ordered to be Produced (Spencer v. Martin and Hillyer)

Wednesday, November 15, 2023Isabel YooLitigationInsurance Law, Personal Injury, Adverse Costs Insurance

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Advertisements for personal injury firms often use the phrase “you don’t pay unless we win”. This usually means that a law firm will bear the full cost of the file and, if successful in...

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3 Nov

Refreshing the limitation period through acknowledgement of a debt (Anderson Sheet Metal Ltd. v. Comtract Air Compressors Inc.)

Friday, November 3, 2023Isabel YooLitigationLimitations Act, Ontario Limitations Act

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The limitation period is the time limit by which a party must commence their claim against another party. If they fail to commence the...

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12 Oct

Defamation action against employee who spoke out about workplace racism dismissed (Williams v. Vac Developments Ltd.)

Thursday, October 12, 2023Isabel YooLitigationTorts, Defamation, SLAPP Motion, Dismissed

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Our past blogs have discussed anti-SLAPP motions at length. This post explores yet another decision on an...

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24 Aug

Balancing Freedom of Expression with the Standards of a Regulated Profession (Peterson v. College of Psychologists of Ontario)

Thursday, August 24, 2023Isabel YooLitigationCollege of Psychologists of Ontario, Rules of Professional Conduct

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In its highly anticipated decision, the Divisional Court has dismissed Dr. Jordan Peterson’s application for judicial review of the November 2022 decision of the Inquiries, Complaints and Reports...

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14 Aug

Contributions to Multi-Generational Home does not Constitute Unjust Enrichment (Sidhu v. Sidhu)

Monday, August 14, 2023Isabel YooLitigationReal Estate, Trusts, Unjust Enrichment

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A growing trend in home use is multi-generational housing, which is, as the term implies, multiple generations of...

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10 Aug

Two-year limitation period applies to fraudulent conveyance actions (Bank of Montreal v. Iskenderov)

Thursday, August 10, 2023Isabel YooLitigationLimitations Act, Fraudulent Conveyances Act, Real Property Limitations Act

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An important consideration for determining whether (and when) to pursue litigation is the limitation period, which is the time limit by which...

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31 Jul

A review of the test for anti-SLAPP motions (Yates v. Iron Horse Corporation and St. Martin)

Monday, July 31, 2023Isabel YooLitigationTorts, Defamation, Anti-SLAPP

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The acronym “SLAPP” is short for “strategic lawsuits against public participation”. These are tools used to intimidate or silence criticism by engaging the critic with...

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12 Jul

Defamatory Online Postings and Cyber-Bullying Leads to One of the Highest Defamation Awards in Canada

Wednesday, July 12, 2023Isabel YooLitigationTorts, Defamation, Damages, Internet

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Online defamatory statements have the potential to reach a global audience and maintain a perpetual existence. It is impossible to...

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