Professional negligence claim against lawyer dismissed as being statute-barred (Kucerak v. Lamfromboise)
Friday, June 21, 2024Stephen A. Thiele, Alexander MelfiLitigationLimitations Act, 2002
Under Ontario law, a claim must generally be commenced within two years from the date a plaintiff suffers damages or an injury. This two-year period is...
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Court of Appeal denies stay of termination of commercial tenancy
Friday, June 23, 2023Alexander MelfiLitigationAppeals, Motion, Stay of Order
Under Ontario’s Rules of Civil Procedure, a party which commences an appeal of a Court Order for the payment of money is entitled...
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Interlocutory injunction denied for failure to provide undertaking in damages
Friday, December 9, 2022Stephen A. Thiele, Alexander Melfi, Rob WintersteinLitigationRules of Civil Procedure
An interlocutory injunction is a powerful and drastic remedy which Courts have said should only be granted sparingly. In that regard,...
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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. Tighe, K.C.LitigationDefamation, Torts, SLAPP
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...
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Supreme Court of Canada Rules Banks Liable for Conversion of Cheques
Wednesday, October 25, 2017Alexander MelfiLitigation, Bills of Exchange ActSupreme Court of Canada, Fraud
When the employee of a large corporation defrauds their employer through a fraudulent cheque scheme, should the banks which paid out on the cheques be...
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Ontario Court of Appeal Says There is No Reasonable Expectation of Privacy in a Text Message
Wednesday, August 10, 2016Alexander MelfiLitigation, Privacy Law, Charter of Rights and FreedomsMobile Phones, Technology
The smartphone has quickly become one of the fastest-selling electronic gadgets in history, with some estimates indicating that more than...
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