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21 Jun

Professional negligence claim against lawyer dismissed as being statute-barred (Kucerak v. Lamfromboise)

Friday, June 21, 2024Stephen A. Thiele, Alexander MelfiLitigationLimitations Act, 2002

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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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23 Jun

Court of Appeal denies stay of termination of commercial tenancy

Friday, June 23, 2023Alexander MelfiLitigationAppeals, Motion, Stay of Order

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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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9 Dec

Interlocutory injunction denied for failure to provide undertaking in damages

Friday, December 9, 2022Stephen A. Thiele, Alexander Melfi, Rob WintersteinLitigationRules of Civil Procedure

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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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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. Tighe, K.C.LitigationDefamation, Torts, SLAPP

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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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25 Oct

Supreme Court of Canada Rules Banks Liable for Conversion of Cheques

Wednesday, October 25, 2017Alexander MelfiLitigation, Bills of Exchange ActSupreme Court of Canada, Fraud

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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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10 Aug

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

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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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