Blog

Blog

15 Jun

Late document disclosure may cause trial delays, adjournments, and dismissals

Tuesday, June 15, 2021James R.G. CookLitigationRules of Civil Procedure, Ontario Evidence Act

SHARE:

Parties involved in civil litigation are required to produce all relevant documents in their possession, control or power to the opposite side. The Court of Appeal for Ontario has stated that...

Read the full post, click here.

14 Jun

Fitness franchise fails to obtain injunction to stop rebranding of fitness studio during the pandemic

Monday, June 14, 2021James R.G. CookLitigationCOVID-19, Franchise, Fitness Studio

SHARE:

The COVID-19 pandemic has been particularly hard on businesses operating gymnasiums and personal training studios since public health authorities have deemed it unsafe for groups of people to...

Read the full post, click here.

11 Jun

Claim for Road Access Act and prescriptive easement to landlocked property dismissed

Friday, June 11, 2021James R.G. CookLitigation, Real EstateHighway Traffic Act, Ontario Road Access Act

SHARE:

In Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 (CanLII), the Court of Appeal for Ontario affirmed that the appellants had no right to cross the respondents’ land to get to their otherwise landlocked property.

Read the full post, click here.

10 Jun

Court reaches opposite conclusion on whether constructive dismissal claims are barred by Ontario COVID-19 Regulations

Thursday, June 10, 2021James R.G. CookLitigation, Employment Law, Employment Standards Act

SHARE:

Employers may be relieved that in Taylor v. Hanley Hospitality Inc., 2021 ONSC 3135 [not yet on CanLII], a second judge of the Ontario Superior Court of Justice reached an opposite conclusion to an earlier decision involving...

Read the full post, click here.

7 Jun

Conviction set aside due to ineffective assistance of trial counsel

Monday, June 7, 2021James R.G. CookLitigationCanadian Charter of Rights and Freedoms, Ontario Court of Appeal

SHARE:

In R. v. Trought2021 ONCA 379 the Court of Appeal for Ontario ordered a new trial for a man convicted of possession of cocaine for the purposes of trafficking on...

Read the full post, click here.

4 Jun

Buyer’s failure to waive conditions nullifies agreement of purchase and sale

Friday, June 4, 2021James R.G. CookLitigation, Real EstateGTA Real Estate, Agreement of Purchase and Sale, Land Title Act

SHARE:

While conditional offers may be rare in the Greater Toronto Area, where multiple bidders compete for most properties, buyers in less heated markets may...

Read the full post, click here.

3 Jun

Court of Appeal affirms judicial notice of anti-black racism in granting relief from forfeiture

Thursday, June 3, 2021James R.G. CookLitigationOntario Court of Appeal , Tenant, Landlord, Restaurant, Courts of Justice Act

SHARE:

In 8573123 Canada Inc. (Elias Restaurant) v. Keele Sheppard Plaza Inc.2021 ONCA 371, the Ontario Court of Appeal affirmed an application judge’s decision which...

Read the full post, click here.

2 Jun

Who gets the dog? Court endorses broader ownership considerations for pets

Wednesday, June 2, 2021James R.G. CookLitigationPet Ownership, Family Pets

SHARE:

On a day when travelers are learning that Air Canada has barred emotional support animals from planes, it is worth remembering that in the eyes of the law pets have traditionally...

Read the full post, click here.

28 May

Letters of Request enforced in connection with U.S commercial litigation

Friday, May 28, 2021James R.G. CookLitigationLetters of Request, Rules of Civil Procedure, Ontario Evidence Act

SHARE:

Recent decisions involving the enforcement of letters of request issued by U.S. courts reflect the continued openness of Ontario courts to...

Read the full post, click here.

27 May

92-year old minority shareholder obtains oppression remedy

Thursday, May 27, 2021James R.G. CookLitigationShareholders’ Agreement, Courts of Justice Act, Ontario Business Corporations Act

SHARE:

In V.M. Koury Investments Ltd. v. Bolton Steel Tube Co. Ltd., 2021 ONSC 3408 (CanLII), the 92-year old applicant owned 30% of the shares...

Read the full post, click here.

26 May

Duty of professionals to respond promptly and cooperatively with regulators

Wednesday, May 26, 2021James R.G. CookLitigationOntario Court of Appeal , Law Society of Ontario, Rules of Professional Conduct

SHARE:

The Ontario Court of Appeal has confirmed that professionals have a duty to cooperate promptly and fully with their regulator during the course of...

Read the full post, click here.

25 May

Buyer loses $100,000 deposit after refusing to purchase condominium

Tuesday, May 25, 2021James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale, Ontario Court of Appeal

SHARE:

It is settled law in Ontario that when a buyer fails to complete an agreement of purchase and sale, the seller is entitled to retain the deposit without having to prove any loss. This means that... 

Read the full post, click here.

21 May

Fitness studio denied injunction to reopen during pandemic

Friday, May 21, 2021James R.G. CookLitigationState of Emergency, COVID-19, Emergency Management and Civil Protection Act, Human Rights Code

SHARE:

In April 2021, the Province of Ontario declared a second state of emergency related to the COVID-19 pandemic, and issued a province-wide stay-at-home order, which...

Read the full post, click here.

20 May

Professional negligence claim dismissed against lawyer despite conflict of interest and breach of the standard of care

Thursday, May 20, 2021James R.G. CookLitigationRules of Professional Conduct, Breach of the Standard of Care

SHARE:

“There is no such thing as negligence in the abstract,” notes Regional Senior Justice Calum MacLeod in Maisonneuve v. Langlois,...

Read the full post, click here.

14 May

Compliance Order obtained against condominium owners for unruly behaviour and refusal to wear masks

Friday, May 14, 2021James R.G. CookLitigation, Real EstateCondominium, Compliance, Condominium Act, By-Laws, Masks

SHARE:

Living in a condominium requires a balancing of interests between the residents and compliance with the rules and by-laws that govern the community. No owner can be permitted run amok or...

Read the full post, click here.

4 May

Power of sale set aside due to mortgagee's refusal to provide discharge statement

Tuesday, May 4, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act, GTA Real Estate

SHARE:

A mortgagor has a right to request a discharge statement from a mortgagee at any time prior to the mortgaged property being sold by... 

Read the full post, click here.

3 May

Buyers’ liability to sellers in aborted real estate transactions - Part 2

Monday, May 3, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

SHARE:

We have previously addressed a number of circumstances in which buyers unsuccessfully attempted to back out of a binding Agreement of Purchase and Sale (APS) for the purchase...

Read the full post, click here.

29 Apr

Constructive dismissal claim resulting from temporary layoff not barred by Ontario COVID-19 Regulation

Thursday, April 29, 2021James R.G. CookLitigation, Employment LawEmployment Agreements, Employee, Employer, COVID-19, Constructive Dismissal , Employment Standards Act, 2000, Infectious Disease Emergency Leave (IDEL Regulation)

SHARE:

In Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, Justice D.A. Broad of the Ontario Superior Court of Justice dismissed an employer’s motion for summary judgment which sought the dismissal of an employee’s action for constructive dismissal arising...

Read the full post, click here.

27 Apr

Agent’s claim to commission owing under BRA dismissed due to non est factum

Tuesday, April 27, 2021James R.G. CookLitigation, Real EstateGTA Real Estate, Mississauga, Buyer’s Representation Agreement

SHARE:

Agents often require buyer clients to enter into a Buyer’s Representation Agreement (BRA) which sets out the buyer’s agreement to pay the agent a commission on... 

Read the full post, click here.

26 Apr

Failure to disclose material facts to insurer voids coverage for delivering pizza

Monday, April 26, 2021James R.G. CookLitigationInsurance Policy, Insurance Law, Automobile Insurance, Ontario Insurance Act

SHARE:

Failing to advise an insurance company of material facts relating to the policy may result in a loss of coverage at a time when it is needed most.

Read the full post, click here.

22 Apr

Potentially fake app messages result in appeal from firebombing conviction

Thursday, April 22, 2021James R.G. CookLitigationFacebook, Fake News, SMS Text Messages, Text Now , Ontario Court of Appeal

SHARE:

We have previously addressed the concerns of a civil court judge about the perils of having to deal with “fake news” in the form of spoofed emails and electronic documents. The Ontario Court of Appeal has addressed similar concerns as to...

Read the full post, click here.

13 Apr

Family Cottage Squabbles: Court orders family members to stop interfering with each other’s enjoyment of cottage property

Tuesday, April 13, 2021James R.G. CookLitigationReal Estate, Cottage Country, Trusts

SHARE:

Cottage properties may be used by extended families over the years without regard to who has legal title or whether there are legally binding rules for ownership and use. When senior members of family age, disputes may...

Read the full post, click here.

9 Apr

County Festival Feud: Plaintiff fails to prove verbal agreement or bad faith against festival organizers and municipality

Friday, April 9, 2021James R.G. CookLitigationOntario Limitations Act, Powassan, Municipal Act, Contract Law

SHARE:

The annual “Smoke ‘N’ Spurs Festival” on the Labour Day Weekend in Powassan, Ontario, commenced in 2013. A caterer for the Festival from 2013-2015, claimed that he was lured away...

Read the full post, click here.

8 Apr

Business founder obtains oppression remedy against investors

Thursday, April 8, 2021James R.G. CookLitigationCorporations Act, Corporate Law, Oppression Remedy

SHARE:

The oppression remedy in Canadian corporate law protects the reasonable expectations of stakeholders in a corporation. Shareholders, directors, and other stakeholders enter into...

Read the full post, click here.

7 Apr

Owner of corporation personally liable for litigation misfeasance

Wednesday, April 7, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Personal Liability, Ontario

SHARE:

One of the perceived benefits of using a corporation for real estate or other business transactions is to shield the individual owner from personal liability for costs and other...

Read the full post, click here.

6 Apr

Recent treatment of the duty to defend in Ontario courts

Tuesday, April 6, 2021James R.G. Cook, Kenneth JullLitigationInsurance Law, Negligence, Ontario Court of Appeal , Insurance Policy, Policy, Class Action

SHARE:

Where there is a dispute between an insurer and an insured over the insurer’s duty to defend a claim being made against an insured, the insured will ordinarily need to bring an application for... 

Read the full post, click here.

5 Apr

Buyers not allowed to terminate purchase due to size misdescription or building permit concerns

Monday, April 5, 2021James R.G. CookLitigationReal Estate, Mississauga, Renovations

SHARE:

While the discovery of misdescriptions as to the size of a property or unpermitted renovations may allow a buyer to terminate a purchase transaction,...

Read the full post, click here.

1 Apr

A short walk to the beach – What is reasonably necessary for a prescriptive easement?

Thursday, April 1, 2021James R.G. CookLitigation, Real EstateEasement, Cottage Country, Lakefront

SHARE:

One of the requirements to establish a prescriptive easement is that it is “reasonably necessary” for the better enjoyment of the owner of the land who claims the prescriptive

Read the full post, click here.

28 Mar

Court dismisses non-competition injunction against former key employee

Sunday, March 28, 2021James R.G. CookLitigation, Employment LawEmployee, Employer, Contract Law, Restrictive Covenant, Non-Compete

SHARE:

When relationships end between a business and an individual who was a principal thereof, the business may be understandably concerned about competitive ventures it may face from its...

Read the full post, click here.

26 Mar

Buyers’ liability to sellers in aborted real estate closings - Part 1

Friday, March 26, 2021James R.G. CookLitigation, Real EstatePlanning Act, Summary Judgment

SHARE:

“The factual background to this summary judgment motion is a sad story that has frequently been retold in courtrooms across the land with the same tragic ending.”

Read the full post, click here.

22 Mar

Municipality improperly abandoned ratepayers by failing to oppose application for legal non-conforming use of lakeside land

Monday, March 22, 2021James R.G. CookLitigation, Real Estate, Municipal LawZoning By-Law, Norfolk County, Ontario

SHARE:

Some municipal zoning restrictions are intended to address local planning needs for commercial and residential purposes, while other...

Read the full post, click here.

15 Mar

Estate’s claim to recover $700,000 gift from elderly man to fiancée dismissed

Monday, March 15, 2021James R.G. CookLitigationTrustee Act, Ontario Court of Appeal

SHARE:

We have previously written about gratuitous transfers of real estate between family members, and the requirement on the recipient’s part to prove that the transfer was intended to be a gift if the purpose... 

Read the full post, click here.

12 Mar

Legal non-conforming use prevents municipality from enforcing zoning by-law

Friday, March 12, 2021James R.G. CookLitigationZoning By-Law, Town of Caledon, Planning Act

SHARE:

While some property owners may believe that they can do what they want with their own land, municipalities control development and the permitted use...

Read the full post, click here.

11 Mar

Online e-commerce platform not required to provide services to retailer of products promoting hate or violence

Thursday, March 11, 2021James R.G. CookLitigationOntario Superior Court of Justice , Hate Speech

SHARE:

The Ontario Superior Court of Justice dismissed an injunction sought by an online retainer against an e-commerce platform which refused to allow it to carry on business selling...

Read the full post, click here.

10 Mar

Hockey tournament dispute leads to shareholder oppression remedy

Wednesday, March 10, 2021James R.G. CookLitigationHockey, Corporations Act

SHARE:

Individuals involved in a small business venture may view themselves as equal partners, but if they make the decision to use a corporation for their business, they should be aware that the...

Read the full post, click here.

9 Mar

Court grapples with fake electronic evidence and Zoom imposter witness

Tuesday, March 9, 2021James R.G. CookLitigationOntario Evidence Act, Rules of Professional Conduct, Zoom, Evidence

SHARE:

As we discussed in a recent blog, technological advances have resulted in a digital revolution in the justice system, but these same... 

Read the full post, click here.

8 Mar

Claim for adverse possession of land against an unknown owner

Monday, March 8, 2021James R.G. Cook, Aaron PearceLitigation, Real EstateLand Title Act, Land Registry, Adverse Possession

SHARE:

A claim for title by adverse possession can grant property rights to a non-owner of land resulting from their use or occupation of the lands over an...

Read the full post, click here.

23 Feb

“Enough is Enough” – frustration expressed by Ontario Courts over litigation misconduct during the pandemic

Tuesday, February 23, 2021Gavin J. Tighe, James R.G. CookLitigationFrustration, Ontario Superior Court of Justice , COVID-19

SHARE:

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.

22 Feb

Letters of Request denied for access to confidential business information

Monday, February 22, 2021James R.G. CookLitigationLetters of Request, Referral Agreement, Ontario Court of Appeal

SHARE:

The process by which a foreign court seeks the assistance of an Ontario court to gather evidence for use in local proceedings, as discussed...

Read the full post, click here.

22 Feb

Airbnb renters of landlocked cottage allowed to access lake via right-of-way

Monday, February 22, 2021James R.G. CookLitigationAirbnb, Right-of-way Access , Bay of Quinte, Cottage Country

SHARE:

It is not uncommon for non-lakefront cottage properties in Ontario to have access to the water via a right-of-way (ROW). ROWs may be registered on title or...

Read the full post, click here.

17 Feb

Breach of privacy class action against Facebook relating to Cambridge Analytica dismissed

Wednesday, February 17, 2021James R.G. CookLitigationClass Action, Facebook, Cambridge Analytica, Privacy Rights

SHARE:

The Ontario Superior Court of Justice has dismissed a class action against Facebook for breach of privacy arising from what the motion judge described as...

Read the full post, click here.

16 Feb

Proposed Danforth Shooting class action against Smith & Wesson relating to authorized user technology allowed to proceed

Tuesday, February 16, 2021James R.G. CookLitigationRules of Civil Procedure, Class Proceedings Act, 1992, Handgun

SHARE:

The Ontario Superior Court of Justice has dismissed a motion by Smith & Wesson Corp to throw out a potential class action for negligent manufacturing of the firearm used in a mass shooting in... 

Read the full post, click here.

10 Feb

Defamation Judgment Upheld Against Pseudonymous Online Poster

Wednesday, February 10, 2021James R.G. CookLitigationDefamation

SHARE:

In Theralase Technologies Inc. v Lanter, 2021 ONSC 943 (CanLII)Justice F.L. Myers dismissed a motion to set aside default judgment obtained against a defendant who...

Read the full post, click here.

1 Feb

Internet Harassment Tort Recognized by Ontario Superior Court of Justice

Monday, February 1, 2021James R.G. CookLitigationDefamation, Harassment, Torts, Cyber-stalking

SHARE:

Cyber-stalking and anonymous malicious postings on the internet, which may be disseminated across a variety of sites and platforms across the world, are issues to which the...

Read the full post, click here.

27 Jan

Township Liable to Muskoka Cottage Owners for Failing to Inspect Building Permit

Wednesday, January 27, 2021James R.G. CookLitigationCottage Country, Muskoka, Building Code Act, Building Code

SHARE:

Owners of a cottage in Muskoka obtained judgment against the Township of the Lake of Bays in the amount of $361,875, resulting from the...

Read the full post, click here.

26 Jan

Defamation claim against Twitter allowed to proceed in British Columbia

Tuesday, January 26, 2021James R.G. CookLitigationDefamation, British Columbia, Twitter

SHARE:

When defamatory statements are alleged to have been transmitted internationally via social media, the question of where to start a...

Read the full post, click here.

25 Jan

Subway’s $210 million chicken content defamation claim against the CBC restored by Court of Appeal

Monday, January 25, 2021James R.G. CookLitigationDefamation, Anti-SLAPP Legislation, Subway, CBC, Chicken

SHARE:

The Ontario Court of Appeal has restored Subway’s defamation action against the CBC which was dismissed in 2019 pursuant to Ontario’s...

Read the full post, click here.

18 Jan

Notoriously Bad Movie leads to Unprecedented Order for Security for Costs of Trial Judgment

Monday, January 18, 2021James R.G. CookLitigationCopyright, Ontario Court of Appeal , Rules of Civil Procedure, Documentary Film-makers, Copyright Act

SHARE:

For perhaps the first time, the Ontario Court of Appeal has ordered an unsuccessful litigant to post security for costs of a trial judgment before being allowed to proceed with...

Read the full post, click here.

15 Jan

Home Owners Ordered to Remove Pool built over Municipal Easement

Friday, January 15, 2021James R.G. Cook, Jonathan James NehmetallahLitigation, Real EstateMunicipal Act, Easement

SHARE:

Home buyers would do well to ensure that their local municipal by-laws and easements do not prohibit their development plans before they embark...

Read the full post, click here.

14 Jan

Employer Breached Employee’s Right to Privacy by Reviewing Private Messages sent from Work Laptop

Thursday, January 14, 2021James R.G. CookLitigationArbitration, Canadian Charter of Rights and Freedoms, Canadian Human Rights Act, Canadian Media Guild

SHARE:

Employees frequently use laptop computers provided to them by their employer for personal matters as well as employment-related tasks. To what extent can an employer review private messages...

Read the full post, click here.

8 Jan

Freelance Consultants Not Bound by Non-Competition Agreement

Friday, January 8, 2021James R.G. CookLitigation, Employment LawCivil Procedure, Trial Procedure, Non-Compete, Contract Law

SHARE:

Freelance consultants may often be faced with a decision to enter into contracts which purport to limit their ability to seek out what might be construed as...

Read the full post, click here.

4 Jan

Recent Treatment of Letters of Request from U.S. Courts by the Ontario Court of Appeal

Monday, January 4, 2021Stephen A. Thiele, James R.G. CookLitigationLetters of Request, Ontario Evidence Act, Ontario Court of Appeal

SHARE:

As a result of the highly integrated economies and efficient cross-border movement between Canada and the United States (at least prior to the 2020 pandemic), the courts in each country frequently seek each other’s...

Read the full post, click here.

30 Dec

Court Prohibits Competing Restaurant Business from Opening

Wednesday, December 30, 2020James R.G. CookLitigationNon-Compete, Restaurant, Interlocutory Injunction , Ottawa, Shareholders’ Agreement

SHARE:

Many will be grateful to see 2020 in the rearview mirror, none more so than restaurant owners. With restaurants scrambling to re-focus on take-out service, perhaps the last thing...

Read the full post, click here.

24 Dec

Court Denies Mortgagee’s Claim for Unproven Fees and Charges under Overdue Mortgage

Thursday, December 24, 2020James R.G. CookLitigation, Real EstateMortgage Fees, Ontario Mortgages Act, Interest Act

SHARE:

Mortgagees suing to recover amounts owing under a mortgage in default should not expect a court to rubber stamp the amounts claimed for fees...

Read the full post, click here.

23 Dec

Viewing the Supreme Court of Canada’s decision in Callow through a compliance lens

Wednesday, December 23, 2020James R.G. Cook, Kenneth Jull, Jonathan James Nehmetallah, Ian SpiegelLitigationContract Law, Supreme Court of Canada, Compliance

SHARE:

The Supreme Court of Canada released its decision in C.M. Callow Inc. v. Zollinger on December 18, 2020. This decision is ground-breaking in the world of contracts, and can...

Read the full post, click here.

22 Dec

Seller Not Responsible for Zoning or Future Use Limitations of a Property

Tuesday, December 22, 2020James R.G. CookLitigation, Real EstateZoning By-Law, Agreement of Purchase and Sale, Ontario

SHARE:

A recent decision of the Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or...

Read the full post, click here.

14 Dec

Civil Conspiracy Established against Directors of Shell Company for Loss of Investment

Monday, December 14, 2020James R.G. CookLitigation, Civil LawOntario Court of Appeal , Fraud

SHARE:

The Ontario Court of Appeal has confirmed that liability for civil conspiracy may arise from the “constructive intent” of a defendant to cause harm even if they are not in direct communication with the plaintiff during...

Read the full post, click here.

11 Dec

Parent’s Claim to Recover Home Transferred to Daughter Dismissed

Friday, December 11, 2020James R.G. CookLitigation, Estate PlanningReal Estate, Wills, Trusts, Smith Falls

SHARE:

Property is often transferred between family members without money exchanging hands. There are many reasons for doing so, including estate planning, assisting children with buying a home, removing property from...

Read the full post, click here.

8 Dec

HBC’s Efforts to Withhold Rent Due to Landlords’ Failure to Maintain “First Class” Shopping Centres

Tuesday, December 8, 2020James R.G. CookLitigationCOVID-19, Retail Shopping, Commercial Landlord, Commercial Tenancies Act, HVAC

SHARE:

During the COVID-19 pandemic, with consumers leery of indoor shopping and retailers being forced to keep their doors closed due to health...

Read the full post, click here.

7 Dec

Ontario Court of Appeal Upholds Doctor’s Damages for Defamatory Postings on RateMDs.com

Monday, December 7, 2020James R.G. CookLitigationDefamation, Damages, Ontario Court of Appeal

SHARE:

In response to a series of negative and untruthful online reviews, a medical doctor sued the author of the posts for defamation and was awarded...

Read the full post, click here.

2 Dec

Misrepresentation in Square Footage leads to Rescission of Agreement of Purchase and Sale

Wednesday, December 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Stouffville, Ontario Court of Appeal , Misrepresentation

SHARE:

A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ontario resulted in the rescission of the Agreement of Purchase and Sale... 

Read the full post, click here.

30 Nov

Abandoned Use of Easement Leads to Loss of Backyard Parking Pad

Monday, November 30, 2020James R.G. CookLitigationToronto, Easement, Land Title Act, Conveyancing Law and Property Act , Real Estate

SHARE:

In a densely populated city like Toronto, many older neighbourhoods contain tightly-packed homes separated by narrow easements which provide access to...

Read the full post, click here.

27 Nov

Injunction to Remove Allegedly Defamatory Social Media Posts Dismissed

Friday, November 27, 2020James R.G. CookLitigationDefamation, Damages, Social Media, BLM Movement, Free Speech

SHARE:

A recent case of the Ontario Superior Court of Justice illustrates the difficulties that a plaintiff may encounter when seeking to stop allegedly defamatory posts...

Read the full post, click here.

9 Nov

Dock Dispute leads to Nuisance Claim and $598,000 Costs Award

Monday, November 9, 2020James R.G. CookLitigation, Real EstateCottage Country, Ontario Court of Appeal , Damages, Ontario Ministry of Natural Resources and Forestry , Lake Simcoe, Boat Dock

SHARE:

After years of litigation, a dispute between neighbours of waterfront properties on Lake Simcoe led to a mandatory order requiring the removal...

Read the full post, click here.

6 Nov

Municipality Restrained from Interfering with Cottage Owners’ use of Fire-Pit Lands

Friday, November 6, 2020James R.G. CookLitigation, Real EstateCottage Country, Zoning By-Law, Georgian Bay, Fire-Pit

SHARE:

Seasonal residents of cottage properties in Tiny Township obtained an injunction prohibiting the municipality from interfering with their use of disputed lands containing...

Read the full post, click here.

5 Nov

Injunction to Stop Neighbour’s House Construction near Escarpment Dismissed

Thursday, November 5, 2020James R.G. CookLitigation, Municipal Law, Real EstateBuilding, Building Code Act, 1992, Conservation Authorities Act

SHARE:

A property owner’s application for an injunction against his neighbour to stop construction of a property which he claimed was in contravention of municipal and conservation authority regulations was...

Read the full post, click here.

2 Nov

Volunteer Coaches’ Defamation Claim Dismissed as Contrary to Public Interest

Monday, November 2, 2020James R.G. CookLitigationOntario Superior Court of Justice , Defences, Ringette, Coaching, Defamation

SHARE:

The Ontario Superior Court of Justice dismissed a defamation claim which arose from an email sent by parents of a competitive ringette player expressing their dissatisfaction with

Read the full post, click here.

28 Oct

Injunction Granted to Hotel to Enforce Noise By-Law

Wednesday, October 28, 2020James R.G. CookLitigation, Municipal LawEnvironmental Protection Act, Municipal Act

SHARE:

Potential harm to a hotel’s online reputation for providing a quiet night’s sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour. In JJ’s Hospitality v. Kal Tire2020 ONSC 6198 (CanLII), a hotel in...

Read the full post, click here.

23 Oct

Discovery of Water Damage Insufficient to Terminate Real Estate Purchase Transaction

Friday, October 23, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Damages, Flooding, Insurance Policy

SHARE:

In Bilotta v. Booth2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...

Read the full post, click here.

20 Oct

Real Estate Investor’s Claim for Lost Opportunity Damages Rejected

Tuesday, October 20, 2020James R.G. CookLitigation, Real EstateOntario Superior Court of Justice , Agreement of Purchase and Sale, Damages

SHARE:

In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice...

Read the full post, click here.

14 Oct

Caveat Emptor Applied to Alleged Basement Flooding Damage

Wednesday, October 14, 2020James R.G. CookLitigation, Real EstateFlooding, Ontario Superior Court of Justice , Termination, Damages

SHARE:

In Giancola v. Dobrydnev, 2020 ONSC 6007 (CanLII), the Ontario Superior Court of Justice rejected a buyer’s attempt to...

Read the full post, click here.

9 Oct

Township’s Prescriptive Easement Upheld by Court of Appeal

Friday, October 9, 2020James R.G. CookLitigation, Municipal LawOntario Court of Appeal , Land Title Act, Land Registry

SHARE:

In Paleshi Motors Limited v. Woolwich (Township)2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...

Read the full post, click here.

7 Oct

Partial shutdown of business does not preclude business interruption claim

Wednesday, October 7, 2020Stephen A. Thiele, James R.G. CookLitigation, Insurance ActCOVID-19, Business Interruption Loss Policy

SHARE:

As we head into the seventh month of the artificial economic lockdown ordered by Canadian governments at all levels and brace ourselves for the second wave of the COVID-19 pandemic, businesses in multiple sectors continue to seek compensation from their...

Read the full post, click here.

5 Oct

Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions

Monday, October 5, 2020James R.G. CookLitigation, Real EstateOntario Court of Appeal , Development, Ontario, Restrictive Covenant, Land Title Act

SHARE:

A recent decision of the Ontario Court of Appeal dismissed a developer’s attempt to enforce a “building scheme” restricting the construction of an...

Read the full post, click here.

24 Sep

Real Estate Agent’s Defamation Claim Survives Anti-SLAPP Motion

Thursday, September 24, 2020James R.G. CookLitigation, Real EstateDefamation, Online Review, Anti-SLAPP Legislation

SHARE:

In Niu v. Cao2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning...

Read the full post, click here.

21 Sep
14 Sep

Fence Dispute Leads to $70,000 Defamation Judgment

Monday, September 14, 2020James R.G. CookLitigation, Real EstateDefamation, Small Claims Court, Libel, Slander

SHARE:

A dispute between two neighbours over a fence led to a $70,000 judgment against an online activist who posted defamatory comments about one of the...

Read the full post, click here.

4 Sep

Lake access easements should be carefully scrutinized prior to purchase

Friday, September 4, 2020James R.G. CookLitigation, Real EstateCottage Country, Right-of-way Access , Lake Waseosa

SHARE:

In a dispute not uncommon to Canadian cottage country, the Ontario Court of Appeal recently addressed whether the owner of a non-lakefront property...

Read the full post, click here.

2 Sep

Buyer’s Claim for Lost Value Damages of a Residential Subdivision Home

Wednesday, September 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Contract Law, Damages

SHARE:

The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...

Read the full post, click here.

31 Aug

Unconscionability in Real Estate Transactions Post-Uber

Monday, August 31, 2020James R.G. CookLitigation, Real EstateIrrevocability Clause, Contract Law, Toronto

SHARE:

In Forest Hill Homes (Cornell Rouge) Limited v. Wei2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada’s recent review of the...

Read the full post, click here.

17 Aug

Online Reviews, Freedom of Expression and Anti-SLAPP Legislation: 910938 Ontario Inc v Moore

Monday, August 17, 2020James R.G. CookLitigationComplaints, Defamation, Anti-SLAPP Legislation, Online Review

SHARE:

Consider a time when you had a terrible customer service experience while shopping, going to the dentist, or grabbing a bite to eat with some friends. Perhaps you felt sufficiently motivated to post a negative...

Read the full post, click here.

27 Apr

Property Disputes during a Pandemic

Monday, April 27, 2020James R.G. CookLitigation, Real EstateCOVID-19, Coronavirus, Ontario

SHARE:

In Ontario regular civil court operations have been largely suspended since mid-March 2020 due to the COVID-19 pandemic. One consequence of this has been the temporary postponement of...

Read the full post, click here.

11 Mar

Zombie Deed Sparks Reoccurring Legal Debate

Wednesday, March 11, 2020James R.G. CookLitigation, Real EstateZombie Deed, Probate, Land Registry

SHARE:

Absent a sequel by way of appeal, the Ontario Superior Court of Justice may have struck the final blow to the head of “zombie deeds”. A “zombie deed” generally refers to...

Read the full post, click here.

29 Jan

Dispute Over Outhouse Clogs Up The Courts: Armstrong v. Moore

Wednesday, January 29, 2020James R.G. CookLitigation, Real Estate, Land Use Regulation, Land Titles ActCosts, Ontario

SHARE:

Can the location of an outhouse grant title to a portion of the neighbour’s land? This was the smelly issue facing the Court in a matter that went through a seven day trial followed by a recent trip to...

Read the full post, click here.

5 Dec

Advertisers Beware

Tuesday, December 5, 2017James R.G. CookLitigationSmall Claims Court, Ontario, Advertising

SHARE:

How much is your physical image worth if it is used in an advertisement without your permission? A recent decision of the Ontario Superior of Justice (Ottawa Small Claims Court) addressed this...

Read the full post, click here.

22 Aug

Cottage Country Access Lessons

Tuesday, August 22, 2017James R.G. CookLitigation, Municipal Law, Land Titles Act, Land Use Regulation

SHARE:

With the 2017 summer cottage season winding down, a recent case involving sparing neighbours reminds us of the importance of ensuring you have some form of legalized road access to your rural retreat.

Brown v Savage, 2017 ONSC 4357, involved two waterfront properties on Buckham’s Bay on the Ottawa River...

Read the full post, click here.

29 Mar

Mortgage Fraud: Who Has Priority In A Dispute?

Wednesday, March 29, 2017James R.G. CookLand Titles Act, LitigationMortgage Fraud

SHARE:

A recent Ontario Divisional Court decision, CIBC Mortgages Inc. v Computershare Trust Company of Canada, 2016 ONSC 7094...

Read the full post, click here.

Subscribe Now