Blog
Blog
Ontario action against national law firm stayed in favour of Alberta
Friday, June 23, 2023Stephen A. Thiele, Gavin J. Tighe, K.C., Allison FarleyLitigationCivil Procedure, Stay of Proceedings, Forum Selection Clause, Forum Non Conveniens
A plaintiff has the right to commence a proceeding in a jurisdiction of their choosing. However, this right is not absolute. Where the issues in the proceeding are...
Read the full post, click here.
Another negligence claim against lawyer dismissed for being a collateral attack
Thursday, June 1, 2023Stephen A. Thiele, Gavin J. Tighe, K.C., Kevin MooibroekLitigationCivil Procedure, Dismissal of Action, Collateral Attack
Unless a decision is overturned on an appeal, the issues decided therein have been finally determined. In general, a party impacted by a final decision...
Read the full post, click here.
Negligence claim against lawyer who obtained restraining order against a non-party dismissed
Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationNegligence, Professional Liability, Duty of Care, Non-client
Causes of action typically require a plaintiff to prove specific elements in order to succeed. In a claim for negligence, the plaintiff must prove (i) that there was a duty of care owed by...
Read the full post, click here.
Inadvertent disclosure and improper use of privileged communications
Thursday, August 4, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., James R.G. CookLitigationRules of Professional Conduct
In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of...
Read the full post, click here.
Jurisdictional Door on the Small Claims Court Slammed Shut for Anti-SLAPP Motions
Friday, January 28, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., Daria RisteskaLitigationAnti-SLAPP Legislation, Anti-SLAPP
Anti-SLAPP or section 137.1 of the Courts of Justice Act (“CJA”) motions for the early dismissal of claims involving issues arising from an expression related to ...
Read the full post, click here.
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...
Read the full post, click here.
Ontario Court of Appeal upholds setting aside of a notice of discontinuance
Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationRules of Civil Procedure, Real Estate
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.
Supreme Court of Canada upholds reduction in size of Toronto's City Council
Monday, October 4, 2021Stephen A. Thiele, Gavin J. Tighe, K.C., James R.G. CookLitigationToronto Politics, Supreme Court of Canada, City Councillors
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.
"Enough is Enough" - frustration expressed by Ontario Courts over litigation misconduct during the pandemic
Tuesday, February 23, 2021Gavin J. Tighe, K.C., James R.G. CookLitigationFrustration, Ontario Superior Court of Justice
At the time of this writing, it has been almost a year since civil litigation was routinely conducted in a physical courtroom. While parties and their...
Read the full post, click here.
Defamation action against Ontario Premier dismissed under Courts of Justice Act
Thursday, January 28, 2021Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationDefamation, Funds, Police Services Act, Members’ Integrity Act, Courts of Justice Act, Political Law
Early last year, the Premier of Ontario, Doug Ford, in a highly sensationalized lawsuit was sued for defamation by a former Deputy Commissioner and...
Read the full post, click here.
Ontario Suspends Commercial Tenant Evictions
Friday, June 19, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationBill 192 - Protecting Small Business Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Tenancies Act, Commercial Landlord, COVID-19, Ontario Government
In the wake of the COVID-19 pandemic, governments around the world have implemented physical distancing measures to “flatten the curve”.
Read the full post, click here.
A Litigation Update: The Small Claims Court and Short Motions or Applications
Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationRules of Professional Conduct, Small Claims Court, Short Motions
As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.
Read the full post, click here.
Ontario re-opening for business: A gradual approach
Thursday, May 7, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationCOVID-19, Ontario Government, Ontario, State of Emergency
With Victoria Day a little more than a week away and people experiencing a growing urge to return to pre-COVID-19 routines, many governments, including the Ontario government, have...
Read the full post, click here.
House Party Drunkenness: Should Parents Be Liable For Catastrophic Injuries Suffered By Guests?
Wednesday, March 22, 2017Gavin J. Tighe, K.C.LitigationCivil Liability, Summary Judgment, Alcohol, Beer Pong
The recent decision of Hon. Justice Wendy Matheson of the Ontario Superior Court of Justice in Wardak v. Froom, 2017 ONSC 1166 has certainly caused a media sensation and sent tongues wagging...
Read the full post, click here.
It's The Little Things In Life That Count
Wednesday, June 15, 2016Gavin J. Tighe, K.C.Litigation, LegalRob Ford, Toronto Politics, Toronto, Politics, General Interest
Many people have asked me what it was like to be the lawyer for former Toronto Mayor Rob Ford. Rob’s recent passing left those who knew and supported him saddened and those who did not confounded as to...
Read the full post, click here.