Friday, December 6, 2024James R.G. CookLitigationDispute, Family home

In some cases where a seller has breached an agreement to transfer title to a property, a buyer may seek an order for “specific performance” requiring that the transaction be completed instead of monetary damages...

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Tuesday, November 26, 2024James R.G. CookLitigationAgreement of Purchase and Sale, Property

Parties to a binding agreement to buy a property may wish to get out of the deal if their circumstances change before closing, particularly if they have not been able to secure financing by the closing date...

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Monday, November 25, 2024James R.G. CookLitigationBritish Columbia, Defamation

Defamatory publications that are intended to harm a business competitor may give rise to substantial damages, as shown by the decision of the Court of Appeal for...

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Thursday, November 21, 2024James R.G. CookLitigationReal Estate, slander

Does the threat of litigation over a property allow a buyer to back out of a pending transaction? What are the consequences if the threatened...

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Thursday, November 14, 2024James R.G. CookLitigationHomeOwners, Property, Title

Ontario’s Land Titles Act is intended to be a true and accurate reflection of the state of title to a property...

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Monday, November 11, 2024James R.G. CookLitigationDefamation, Lawyers

Lawyers writing to third parties for information about their clients’ dispute may need to refer to the nature of the allegations at issue against adverse parties...

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Thursday, November 7, 2024James R.G. Cook, Isabel YooLitigationReal Estate, Buyer, Seller, Withholding

A buyer who wishes to dispute whether a seller has completed their obligations leading up to closing may wish to withhold the full amount of the agreed-upon purchase price... 

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Friday, November 1, 2024James R.G. Cook, Delila BikicLitigationReal Estate, Transactions

Cases arising from failed residential real estate transactions in a falling market continue to affirm that a buyer who breaches an agreement to purchase a property may be liable for substantial damages...

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Friday, September 27, 2024James R.G. CookLitigationReal Estate, Transactions

Real estate purchase transactions generally require that the parties be in a position to complete their obligations by a set closing date...

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Thursday, September 19, 2024James R.G. CookLitigationProcedure, Action, Norwich order

Parties who wish to obtain information that is necessary for the commencement of proceedings, such as the identities of proposed defendants, may seek assistance from the court in the form of a “Norwich” order, which requires a third party to an action or potential action to disclose information that is otherwise confidential...

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Friday, August 23, 2024James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale, GTA Real Estate, Caledon

In some cases, misrepresentations made prior to the signing of an Agreement of Purchase and Sale (APS), may allow a buyer to sue for damages, as demonstrated...

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Thursday, August 22, 2024Clifford S. Goldfarb, James R.G. CookLitigationCorporate Law, Not-for-Profit/Charities

In Carr v. O’Reilly, 2024 ONSC 4412 (CanLII), the President of a not-for-profit corporation successfully brought an oppression application under...

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Monday, August 19, 2024James R.G. CookLitigationReal Estate, Mortgage, GTA Real Estate, Land Title Act

In Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan, 2024 ONSC 4481 (CanLII), the applicant lender sought to appoint a receiver over a property in King City,

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Wednesday, August 7, 2024James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale

When deciding to buy a property, buyers may review various representations in the real estate listing which purport to list the property’s key facts...

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Tuesday, August 6, 2024James R.G. CookLitigationProfessional Negligence, Asset Sale

When a client sues their former transaction lawyer for professional negligence, the issue is often the extent or scope of the duty owed to the...

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Friday, August 2, 2024James R.G. CookLitigationHealthcare, Software, Chiropractor, Physiotherapist

Businesses may feel aggrieved when faced with competition from former key personnel. While courts will closely examine contractual obligations and the potential misuse of... 

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Monday, July 29, 2024James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

When a seller breaches an agreement to complete a transaction, the jilted buyer may assume that they will be in a position to obtain damages for breach of contract. This result is...

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Monday, July 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Damages

The failure to provide a mortgage discharge on a timely basis may expose a lender to damages arising from a borrower’s inability to access...

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Friday, July 12, 2024James R.G. CookLitigationReal Estate, Alberta

In circumstances where an agreement to complete a real estate transaction fails to close but neither party was in a position to do so, the...

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Monday, June 24, 2024James R.G. CookLitigationDefamation, Anti-SLAPP Legislation, Anti-SLAPP, Courts of Justice Act

Anti-SLAPP motions are an important tool available for defendants to put a stop to claims that are intended to silence free expression through...

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Thursday, June 20, 2024James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale

In Ali v. Patel, 2024 ONSC 3505 (CanLII), the Ontario Superior Court of Justice determined that a binding agreement of purchase and sale had not been formed between a seller and buyer... 

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Wednesday, June 19, 2024James R.G. CookLitigationRules of Civil Procedure

In general, individual employees of a corporate defendant are not personally liable for claims involving duties owed by their employer to its customers. The same principle applies to individual members of partnerships which can be...

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Thursday, June 13, 2024James R.G. CookLitigationMortgage, Loans, Real Property Limitations Act

If payments have not been made by a borrower under a mortgage loan for more than ten years, a lender may lose the right to enforce the mortgage against the secured property...

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Monday, June 10, 2024James R.G. CookLitigationProfessional Negligence, Yukon

In Kiselbach v DeFilippi, 2024 YKSC 7 (CanLII), the Supreme Court of Yukon dismissed a professional negligence claim against a litigation lawyer who...

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Monday, May 27, 2024James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale

In cases where a buyer fails to complete the purchase of a property, they may try to argue that it was the seller who was in breach of the...

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Friday, May 17, 2024James R.G. CookLitigationDefamation

A defamation action brought by the mother of WE Charity founders Craig and Marc Kielburger against Canadaland Inc. was allowed to continue after an...

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Friday, April 19, 2024James R.G. CookLitigationPrivacy, Privacy Rights, Facebook

While it may be commonplace for spouses to share access to computers and online accounts in a matrimonial home, one has a right to a reasonable...

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Thursday, April 11, 2024James R.G. CookLitigationlibel, slander, CBC, Defamation

A party seeking an injunction to prevent a broadcaster from publishing a story about them will face significant obstacles due to the principles of...

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Friday, March 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Rules of Professional Conduct, Mortgage Brokerages

Parties in a transaction gone wrong may sometimes blame the other side’s lawyer for the results. However, it is...

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Wednesday, March 6, 2024James R.G. CookLitigationRules of Civil Procedure, Motor vehicles

In Ontario, the Superior Court of Justice has broad discretion when it comes to awarding costs following a...

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Friday, March 1, 2024James R.G. CookLitigationDefamation, Anti-SLAPP

In Gill v. Maciver, 2024 ONCA 126 (CanLII), the Court of Appeal for Ontario upheld the dismissal of an action brought by a... 

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Thursday, February 29, 2024James R.G. CookLitigationGTA Real Estate, Title Insurance, Mortgage, Rules of Civil Procedure, Land Title Act

In a decision which removed a fraudulent mortgage instrument from title to the applicants’ property, the Ontario Superior Court of Justice was...

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Thursday, February 8, 2024James R.G. CookLitigationBritish Columbia, Code of Conduct

A decision of the Court of Appeal for British Columbia has affirmed that it is not a breach of confidence for a director of...

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Monday, February 5, 2024James R.G. CookLitigation, Employment Lawlibel, slander, Wrongful Dismissal, Defamation

The Divisional Court of the Ontario Superior Court of Justice affirmed that an otherwise private letter may be...

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Monday, January 29, 2024James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale

In cases where a seller has breached an agreement to transfer title to a property, a buyer may seek an... 

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Friday, January 26, 2024James R.G. CookLitigationAgreement of Purchase and Sale, GTA Real Estate

The legal doctrine of rectification is a remedy that may be available to correct errors in an agreement to give effect to the true intentions of the...

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Friday, January 19, 2024James R.G. CookLitigationSocial Media, Defamation, Alberta

In Achor v Ihekweme, 2023 ABKB 606 (CanLII), the plaintiffs obtained damages for defamation against a social media influencer who had...

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Monday, January 15, 2024James R.G. CookLitigationInterlocutory Injunction, Coffee, Partnership

Courts are sometimes asked to grant an injunction to protect the misuse of confidential business information and other proprietary rights by competitors. However, before seeking an...

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Thursday, December 28, 2023James R.G. CookLitigationReal Estate, Condominium, Statute of Frauds

In Ontario, the Statute of Frauds generally requires that agreements for the transfer or ownership of an interest in...

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Thursday, December 14, 2023James R.G. CookLitigationDefamation, Anti-SLAPP Legislation, Long-term Care Homes

In Universalcare Canada Inc. v. Gusciglio, 2023 ONSC 6874 (CanLII), a defamation action against the daughter of...

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

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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Monday, December 11, 2023James R.G. CookLitigationDefamation, Police Services Act

In Khan v. Bujold, 2023 ONSC 6618 (CanLII), the Ontario Superior Court of Justice awarded the plaintiff damages against his neighbours...

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Friday, December 1, 2023James R.G. CookLitigationReal Estate, Right-of-way Access

Rights-of-way over a neighbouring property may be subject to restrictions on how they can be used. Over time, as ownership of the properties...

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Thursday, November 30, 2023James R.G. CookLitigationDefamation, libel

In D’Alessio v. Chowdhury, 2023 ONSC 6075 (CanLII), an Ontario law firm successfully sued a former client for defamation as a result of her online...

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

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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Thursday, November 23, 2023James R.G. CookLitigationNot-for-Profit/Charities, By-Laws, Not-for-profit Corporations Act (ONCA)

While members of not-for-profit corporations should generally try to resolve their differences pursuant to their rules and by-laws before seeking...

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Monday, November 20, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Contract Law

If a buyer determines that they may not be able to complete a binding agreement to purchase a property by the agreed-upon completion date, they may wish to seek an extension of the...

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Thursday, November 16, 2023James R.G. CookLitigationFlooding, Municipal Law, Sump Pump, Prince Edward County

Neighbours owe each other a duty of care not to cause damage to the other’s property. One of the major sources of potential damage is water flooding from sump pump run off...

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Monday, October 30, 2023James R.G. CookLitigationReal Estate, Conveyancing Law and Property Act

A dispute between neighbours over a strip of land between their properties no wider than 21.9 centimetres resulted in years of litigation supported by...

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Friday, October 27, 2023James R.G. CookLitigationReal Estate, Municipal Law, Building Code Act

Municipal zoning by-laws regulate, among other things, the number of separate residential units that are permitted in a property. Violation of a... 

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Tuesday, October 24, 2023James R.G. CookLitigationReal Estate, Lending, Mortgage, Loans

In Greenspan v. Van Clieaf, 2023 ONCA 681 (CanLII), the Ontario Court of Appeal affirmed that a lender may be entitled to...

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Friday, October 20, 2023James R.G. CookLitigationCourts of Justice Act, Conveyancing Law and Property Act, Real Estate, Municipal Law, Surveyor

In Armstrong v Penny, 2023 ONSC 2843 (CanLII), the Ontario Superior Court of Justice addressed a homeowners’ nightmare...

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Monday, October 16, 2023James R.G. CookLitigationReal Estate, GTA Real Estate, Partition Act

Given the high cost of real estate in Ontario, friends and relatives may sometimes assist with the purchase by...

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Thursday, October 12, 2023James R.G. CookLitigationProfessional Liability, Solicitor Negligence

In Waters v Furlong, 2023 ONSC 3908 (CanLII), the plaintiff was a certified public accountant (CPA) who...

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Tuesday, October 10, 2023James R.G. CookLitigationMortgage, Real Estate, GTA Real Estate, Partition Act

When a property is purchased by co-owners for development and sale, they may set out their respective obligations in a...

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Tuesday, September 19, 2023James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale

In collapsing real estate markets, buyers who fail to complete a purchase may face liability vastly exceeding any deposit they may have paid. In most cases, the...

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Thursday, September 14, 2023James R.G. CookLitigationGTA Real Estate, Real Estate, Partition Act, Common Law Relationship

When properties are owned by two or more persons, situations may arise when one of the owners wishes to sell the property contrary to the wishes of the other. The Ontario Partition Act provides a way for... 

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Friday, September 8, 2023James R.G. CookLitigationReal Estate, Strata Property Act

In some cases, real estate agents should recommend that their clients obtain legal advice about a proposed...

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Friday, August 25, 2023James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale, Ontario Planning Act

Agreements for the sale of real estate may sometimes require one of the parties to complete certain steps before the transaction can be completed, such as...

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Friday, August 18, 2023James R.G. CookLitigationInterlocutory Injunction, Internet Harassment

As we have previously discussed, online defamation and harassment have become a major issues in Canadian society. Given the notoriously slow speed of civil proceedings, plaintiffs may...

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Wednesday, August 9, 2023James R.G. CookLitigationProbate, Real Estate, Tax & Estate Planning

In Ontario, properties may be registered in joint tenancy as an estate planning mechanism. Property that is jointly owned passes automatically to...

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Tuesday, August 8, 2023James R.G. Cook, Eli BordmanLitigationReal Estate, Agreement of Purchase and Sale

Real estate transactions may be scheduled to be completed by a certain time of day, depending on the wording of the Agreement of Purchase...

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Thursday, August 3, 2023James R.G. CookLitigationLand Title Act, Real Estate

The Ontario Land Titles Act (“LTA”) provides that a registered mortgage that is determined to be a fraudulent instrument is void and may...

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Wednesday, August 2, 2023James R.G. CookLitigationFacebook, Defamation, Social Media

As we have previously discussed, defamatory posts on Facebook and similar social media platforms can be...

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Tuesday, August 1, 2023James R.G. CookLitigationOntario Evidence Act, Canada Evidence Act

Courts in Canada and the United States often seek each other’s assistance to gather evidence for use in local proceedings. The process by...

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Friday, July 28, 2023James R.G. Cook, Delila BikicLitigationDivorce Act

In July 2023, the Ontario Court of Appeal held that a novel tort specific to “family violence” should not have been created...

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Friday, July 14, 2023James R.G. CookLitigationReal Estate, British Columbia

Real estate agents often represent co-owners or potential buyers during the course of a transaction and at times they may receive communications from...

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Thursday, July 13, 2023James R.G. CookLitigationReal Estate, Easement, Right-of-way Access, Ontario Boundaries Act

Disputes between neighbours over property boundaries and rights-of-way are often messy and fraught with charged emotions as each party asserts their... 

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Monday, June 12, 2023James R.G. CookLitigationAnti-SLAPP, Courts of Justice Act, Real Estate

Court decisions continue to show that Ontario’s “Anti-SLAPP” legislation may be used to dismiss claims that are not limited to...

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Friday, June 9, 2023James R.G. CookLitigationReal Estate, Fair Value

Real estate agents are often asked by clients to assess the value of a property. There is a significant difference between an opinion of value as determined by an agent and a...

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Friday, May 26, 2023James R.G. CookLitigationReal Estate, Limitations Act

Civil claims in Ontario are generally subject to a two-year limitation period, meaning that a plaintiff must start a court action within two years of...

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Thursday, May 25, 2023James R.G. CookLitigationEasement, Ontario Court of Appeal

There is a high threshold for establishing a prescriptive easement because courts are generally hesitant to “permit a landowner's neighbourly accommodation ...

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Thursday, May 25, 2023James R.G. CookLitigationOntario

Rivers and lakes in Ontario are Crown lands and the public generally has the right to use and ‘navigate’ the waterways. However, the public does not generally have the right to \...

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Wednesday, May 24, 2023James R.G. CookLitigationReal Estate, Status Certificate

Prospective buyers of a condominium unit in Ontario have the right to obtain a status certificate that is supposed to provide them with essential information about the physical and financial situation of the condominium, including any ...

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Friday, May 5, 2023James R.G. CookLitigation

In Quantum Dealer Financial Corporation v. Toronto Fine Cars and Leasing Inc., 2023 ONCA 256 (CanLII), the Ontario Court of Appeal set aside a summary judgment decision against ...

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Tuesday, May 2, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

Litigation between buyers and sellers often concerns whether or not a seller had an obligation to disclose deficiencies with a property that were discovered after closing.

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Monday, May 1, 2023James R.G. CookLitigation

Courts have recognized that defamatory statements published on social media or other forms of internet communication may lead to higher general damages awards than...

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Monday, April 10, 2023James R.G. CookLitigationCourts of Justice Act, Anti-SLAPP, Defamation

While defamation lawsuits continue to receive the most judicial attention under Ontario’s anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation, the statutory remedy has also proven...

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Wednesday, April 5, 2023James R.G. CookLitigation

Transaction lawyers often play a central role in the purchase or sale of a business, including the preparation of written agreements and related documentation. Not all aspects of a transaction involve legal...

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Friday, March 31, 2023James R.G. CookLitigation

The Ontario Superior Court of Justice has dismissed a $2.5 million lawsuit against a number of defendants for fraud and breach of trust on the basis that...

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Thursday, March 30, 2023James R.G. CookLitigationTax & Estate Planning, Succession Law Reform Act

Estate litigation often centres around determining the intentions of a testator. Since a deceased testator can no longer explain their intentions, some provisions in the Ontario Succession Law Reform Act...

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Monday, March 27, 2023James R.G. CookLitigationDisciplinary Hearing

Lawyers facing disciplinary proceedings before the Law Society of Ontario may have duty counsel appointed to represent their interests. A Divisional Court decision shows that...

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Thursday, March 23, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

During the course of litigation, plaintiffs may seek evidence that a defendant has engaged in a similar pattern of impugned conduct with other people who...

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Monday, February 27, 2023James R.G. CookLitigationRules of Civil Procedure, Real Estate

In Ker v. Deol, 2023 ONSC 1167 (CanLII), a motion judge of the Ontario Superior Court of Justice considered whether the buyer’s real estate agent could be added as a defendant in a lawsuit brought...

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Friday, February 17, 2023James R.G. CookLitigationBritish Columbia, Real Estate, Negligence, Professional Negligence

In a professional negligence claim, a plaintiff must establish not only that a defendant breached the applicable standard of care but that the breach was the factual cause of the losses being claimed. Depending on the...

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Tuesday, February 14, 2023James R.G. CookLitigationLand Title Act, Real Estate, Ontario Planning Act

Buyers of new homes sometimes enter into an Agreement of Purchase and Sale (APS) with the builder/developer of the proposed dwelling who doesn’t own the underlying land at the time the agreement is made. In such cases, it...

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Monday, February 13, 2023James R.G. CookLitigationMunicipal Act, Courts of Justice Act, Planning Act

Municipal site plan applications have a public component that may expose an applicant to complaints from people who are opposed to their plans. As part of the...

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Friday, February 10, 2023James R.G. CookLitigation

Corporations are separate legal persons with their own property rights and obligations. Individual shareholders are not generally liable for any acts or...

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Friday, February 3, 2023James R.G. CookLitigationReal Estate, Ontario Planning Act

In a real estate transaction, the seller must be in a position to ensure that good title is conveyed to a buyer at closing. In the time leading up to...

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Tuesday, January 31, 2023James R.G. CookLitigationBritish Columbia, Fraud, Exclusion Clauses, Application for Remittance

If a customer walks into a bank and asks a teller to carry out a certain transaction, does the bank owe the customer a duty to...

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Friday, January 27, 2023James R.G. CookLitigationOntario, Agreement of Purchase and Sale, Real Estate

New homes in Ontario may include a warranty from the builder for certain construction deficiencies and other...

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Friday, January 6, 2023James R.G. CookLitigationDefamation, Removal of online posts, Google, Online Reviews

Online search engines such as Google allow businesses to market their services to a wide customer base. Businesses may also be subject to online reviews which are...

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Monday, December 19, 2022James R.G. CookLitigationResidential Tenancy, Mortgage Fraud, Real Estate, Ontario Mortgages Act, Bankruptcy and Insolvency Act, Mortgage

Courts must occasionally balance property interests between innocent parties who have been victimized by the dishonest or fraudulent conduct of another person. This may involve a conflict between...

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Friday, December 9, 2022James R.G. CookLitigationCanada Evidence Act, Ontario Evidence Act

As a matter of international comity, Ontario courts will take steps to recognize and enforce requests for assistance issued by foreign courts provided that certain...

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Friday, December 2, 2022James R.G. CookLitigationFraud, Courts of Justice Act, Anti-SLAPP

Motions under section 137.1 of the Ontario Courts of Justice Act (CJA) are typically brought to dismiss defamation claims involving expressions on matters of public interest. However, while the...

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Thursday, December 1, 2022James R.G. CookLitigationReal Estate

As we discussed in a previous blog, an easement may become abandoned as a legal right as a result of prolonged lack of use. However, there is...

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Friday, November 25, 2022James R.G. CookLitigationNot-for-Profit/Charities

Members of not-for-profit organizations should generally try to resolve their differences pursuant to their rules and by-laws before...

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Monday, November 21, 2022James R.G. CookLitigationRules of Civil Procedure, Negligence

Pleadings frame an action and determine the evidence that will be called at trial. The rules of pleadings generally require that...

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Friday, November 18, 2022James R.G. CookLitigationReal Estate, Courts of Justice Act

Parties who are seeking an interest in a property may seek to register a certificate of pending litigation (CPL) on title for the...

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Tuesday, November 15, 2022James R.G. CookLitigationGeneral Counsel Agreement, Unanimous Shareholder Agreement

Lawyers entering into business relationships with their clients should generally ensure that the clients receive meaningful independent legal advice on any agreement...

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Thursday, November 10, 2022James R.G. CookLitigationSports, Bankruptcy, COVID-19, Bankruptcy and Insolvency Act, Business Corporations Act

A creditor who sees the owners of a bankrupt company start up a new profitably-looking business while walking away from the prior company’s debts may understandably feel that they have...

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Wednesday, November 9, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Limitation Periods, Limitations Act

In Ontario, there is a general two-year limitation period for claims relating to a breach of contract which starts on the day when a plaintiff discovers that damage from a breach occurred and knows that a legal proceeding would be an...

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Friday, November 4, 2022James R.G. CookLitigationReal Estate

Living arrangements between adult family members are often informal and based upon the nature of their close relationship rather...

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Tuesday, November 1, 2022James R.G. CookLitigationRules of Civil Procedure, Real Estate, Courts of Justice Act

Closed proceedings, sealing orders and publication bans are rare in civil actions in Ontario. When a court decision in a civil proceeding is published it normally bears the names of the parties in the title of...

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Monday, October 31, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

Often, an agreement to purchase real estate will have a conditional period to allow for various steps to be completed by either the buyer or...

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Wednesday, October 26, 2022James R.G. CookLitigationSummary Judgment

Sometimes the most efficient way to defeat a defamation claim is to prove the defence of justification—namely, that the impugned statements that are alleged to be...

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Monday, October 24, 2022James R.G. Cook, Abigail KorbinLitigationFiduciary Duties, Licensing Agreements

One of the essential obligations of someone who enters into a business venture with other shareholders of a small corporation is...

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Friday, October 21, 2022James R.G. CookLitigationSocial Media

In September 2015, a tragic collision between a Jeep Grand Cherokee driven by a driver under the influence of...

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Tuesday, October 11, 2022Stephen A. Thiele, James R.G. Cook, Eli BordmanLitigationLimitations Act, 2002, Mortgage Brokerages, Lender and Administrators Act

Professional liability actions provide good teaching lessons for future plaintiffs and defendants and their legal representatives. Although a plaintiff may firmly believe that they have a valid cause of...

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Monday, August 29, 2022James R.G. CookLitigationSmall Claims Court, Courts of Justice Act

Ontario’s Small Claims Court is intended to provide litigants with a cost-effective forum for civil claims up to $35,000, including claims for defamation. Defamation claims in the...

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Friday, August 19, 2022James R.G. CookLitigation

The opportunity to have a home inspection may provide buyers with a reasonable opportunity to discover costly deficiencies before completing the...

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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...

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Wednesday, August 3, 2022Stephen A. Thiele, James R.G. Cook, Dara HirbodLitigationRules of Civil Procedure, Fraudulent Conveyances Act

Conspiracy is a complicated tort. In order to succeed in such a claim, a plaintiff is required to establish various elements. Where those elements do not exist, a defendant can bring...

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Tuesday, August 2, 2022James R.G. CookLitigationReal Estate, Property Transfer Tax Act, Foreign Buyer’s Tax

In Tellini v. Bell Alliance, 2022 BCCA 106 (CanLII), the British Columbia Court of Appeal reversed a trial judge’s decision that found the defendant lawyer and law firm liable for the plaintiff’s obligation to pay...

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Monday, July 25, 2022James R.G. CookLitigationFraud, Divorce Act, Property Transfer Tax Act, Foreign Buyer’s Tax

Allegations of fraud and other unlawful conduct such as conspiracy are an attack on a person’s integrity and should not be made lightly by litigants. As the mere...

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Wednesday, July 20, 2022James R.G. CookLitigationReal Estate, Mortgage Fees, Ontario Mortgages Act

In 2544176 Ontario Inc. v. 2394762 Ontario Inc., 2022 ONCA 529 (CanLII), the Ontario Court of Appeal restored a power of sale transaction that...

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Tuesday, July 19, 2022James R.G. CookLitigationReal Estate

How is an adult child able to prove whether funds or property transferred to them by a parent were intended to be a gift rather than a...

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Monday, July 18, 2022James R.G. CookLitigationBankruptcy, Bankruptcy and Insolvency Act

Trustees in bankruptcy are granted protection from civil claims for acts and omissions under the Bankruptcy and Insolvency Act (“BIA”), as the statute requires...

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Monday, July 11, 2022James R.G. CookLitigationBankruptcy, Limitations Act, Bankruptcy and Insolvency Act

Investors in a scheme that seems too good to be true should be aware that they may be liable to return the funds under principles of unjust...

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Friday, July 8, 2022James R.G. CookLitigationContempt of Court

Ontario courts maintain the inherent right to control their own processes and to sanction litigants who fail to abide by court orders. While a finding of contempt is...

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Thursday, July 7, 2022James R.G. CookLitigationPartnership

Ioannidis v. Ioannidis, 2022 ONSC 3942 (CanLII), is a cautionary tale of siblings who owned an investment property without a...

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Thursday, June 30, 2022James R.G. CookLitigationDefamation, Social Media, Twitter

As an Ontario court has previously recognized, Twitter is a rhetorically harsh speech environment. A stark difference in political or other views may be expressed through tweets that

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Tuesday, June 28, 2022James R.G. CookLitigationReal Estate, Insurance Law

Residential title insurance policies are typically purchased to address potentially issues regarding title to a property. Title insurance policies may also cover...

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Monday, June 27, 2022James R.G. CookLitigationRight-of-way Access, Real Estate, Road Access Act

Many rural properties in Ontario are accessed through private roads that traverse lands owned by one or more neighbours. The use of a private road may...

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Friday, June 24, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Courts of Justice Act

As real estate markets fall, buyers are sometimes left scrambling to find alternate sources of financing when the available mortgage funds turn out...

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Thursday, June 23, 2022Stephen A. Thiele, James R.G. Cook, Daria RisteskaLitigationRules of Civil Procedure, Agreement of Purchase and Sale, Real Estate

There appears to be a growing propensity on the part of litigants to sue the opposite party’s lawyer when a transaction fails or something else...

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Wednesday, June 22, 2022James R.G. CookLitigationInsolvency, Real Estate

Creditors of an insolvent or nearly insolvent debtor may be understandably frustrated if the debtor sells its few remaining assets, leaving the...

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Tuesday, June 21, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Town of Caledon, GTA Real Estate

Buyers of pre-construction properties in Ontario sometimes enter into an assignment agreement with another buyer before the completion...

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Monday, June 20, 2022James R.G. CookLitigationLand Title Act, Real Estate

The Ontario Land Titles Act (“LTA”) provides that a registered mortgage that is determined to be a fraudulent instrument is void and may...

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Thursday, June 16, 2022James R.G. CookLitigationNon-Compete, Working for Workers Act, 2021

In Ontario, the Working for Workers Act, 2021 provides that no employer shall enter into an employment contract or other agreement with an employee that...

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Wednesday, June 15, 2022James R.G. CookLitigationAgreement of Purchase and Sale

The case of Rivas v. Anobile, 2022 ONSC 3446 (CanLII), demonstrates the issues that may arise when all the terms and objectives of an...

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Tuesday, June 14, 2022James R.G. CookLitigationAgreement of Purchase and Sale

Buyers should be wary about relying on inspections, appraisals or other reports prepared by a company with whom they have not directly...

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Monday, June 13, 2022James R.G. CookLitigation

While it may be tempting to purchase expensive artwork directly from a private seller without the involvement (and associated costs) of a reputable art...

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Tuesday, June 7, 2022James R.G. CookLitigationAsset Purchase Agreement

An asset purchase often involves an assessment of the value of the inventory and gross sales of the business being acquired. The terms of the...

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Monday, June 6, 2022James R.G. CookLitigationCondominium, Agreement of Purchase and Sale, Real Estate

With the cooling of the real estate markets, buyers may be in a position to negotiate a limited time period to have a home inspection, arrange financing, or complete other due diligence before...

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Wednesday, June 1, 2022Stephen A. Thiele, James R.G. Cook, Kevin MooibroekLitigationRules of Professional Conduct

In general, lawyers are not allowed to act on matters where they have a conflict of interest. To do so is contrary to the common law and the Rules of...

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Friday, April 29, 2022James R.G. CookLitigationOntario, Fraud, Fiduciary Duties

Business partners generally owe each other fiduciary duties and can be liable for civil fraud if funds invested in the partnership business are not used for their intended...

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Tuesday, April 12, 2022James R.G. CookLitigationLoans

Loan guarantees are often provided by parents, spouses or siblings to other related parties. The person signing the guarantee usually does not receive any direct...

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Friday, April 8, 2022James R.G. CookLitigation

Investors in a small company may be inspired by the sales pitch of a founder with grandiose plans and descriptions of potential profits to be earned if they...

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Tuesday, April 5, 2022James R.G. CookLitigationLand Title Act, Easement

Easements that are intended to provide utility companies with access to maintain and service the utilities they provide are common features of ...

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Monday, April 4, 2022James R.G. CookLitigationLand Title Act, Real Estate

Spouses often take title to a property as joint tenants rather than tenants in common due to the "right of survivorship," by which the surviving spouse assumes...

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Thursday, March 31, 2022James R.G. CookLitigationReal Estate, Breach of Contract

In Akelius Canada Ltd. v. 2436196 Ontario Inc., 2022 ONCA 259, the Ontario Court of Appeal upheld a summary judgment decision that ...

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Wednesday, March 30, 2022James R.G. CookLitigationPrivacy Rights

From 2007 through 2016, a nurse in Ontario stole opioids from her hospital employer on an almost daily basis, during which time she ...

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Tuesday, March 29, 2022James R.G. CookLitigationOppression Remedy, Ontario Business Corporations Act

The oppression remedy in corporate law statutes such as the Ontario Business Corporations Act provides a mechanism for disgruntled shareholders or other stakeholders to obtain relief...

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Monday, March 28, 2022James R.G. Cook, Delila BikicLitigationDivorce Act

In July 2023, the Court of Appeal allowed the appeal 2023 ONCA 476 (CanLII), and set aside trial judge's decision creating the tort of family violence

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Thursday, March 17, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

*Trial decision regarding damages overturned by Court of Appeal.

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

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Friday, March 11, 2022James R.G. CookLitigationTrustee Act

The appointment of an estate trustee in a will is a decision that courts will generally respect absent clear evidence that the removal of the trustee is necessary in the circumstances. Sometimes the beneficiaries or potential beneficiaries of a will may believe...

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Wednesday, March 9, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

Given the high price of real estate in Ontario, co-ownership of properties between friends and family members is increasingly common. Title may be registered in varying ownership ...

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Tuesday, March 8, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, GTA Real Estate

Real estate transactions may be scheduled to be completed by a certain time of day, depending on the wording of the Agreement of Purchase and Sale (APS). In some cases ...

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Monday, March 7, 2022James R.G. CookLitigation

The Ontario Real Estate Association’s standard form of residential Agreement of Purchase and Sale (APS) contains a paragraph that sets a deadline for a buyer to investigate and verify the present legal use of...

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Thursday, March 3, 2022James R.G. CookLitigationCourts of Justice Act, Twitter

Can one who freely wades into the choppy waters of Twitter complain about getting splashed? So asked the Ontario Superior Court of Justice in a recent case involving allegedly defamatory tweets and...

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Monday, February 28, 2022James R.G. CookLitigationFraud, Fraudulent Conveyances Act

Summary judgment decision set aside by Court of Appeal: Quantum Dealer Financial Corporation v. Toronto Fine Cars and ...

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Monday, February 28, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

Cases arising out of the 2017 market correction in the Greater Toronto Area continue to result in decisions favouring innocent sellers and substantial damages awarded against...

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Thursday, February 17, 2022James R.G. CookLitigationGTA Real Estate, Commercial Real Estate, Estate Freeze

Some Canadian provinces have introduced a “foreign buyers’ tax” in recent years to curb what is perceived as the impact of foreign speculators on over-heated ...

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Monday, February 7, 2022Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure

Our justice system is designed to work efficiently and to adhere to the highest principles of integrity. In general, parties appearing before a court must...

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Friday, January 28, 2022James R.G. CookLitigationReal Estate, Lease Agreement

Litigation often involves claims by a plaintiff against multiple parties. Defendants in such actions may or may not crossclaim against each other but they are presumed to be adverse to ...

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Tuesday, January 4, 2022James R.G. CookLitigationDefamation, CBC

In June 2012, the Canadian Broadcasting Corporation (CBC) televised two news stories featuring a retired Canadian Pacific Railway employee who claimed to have lost more than half of...

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Thursday, December 23, 2021James R.G. CookLitigationVenture Capital, Funds

In a decision that involved “acceptable standards of corporate conduct in Canada,” the Ontario Court of Appeal addressed the breakdown of the relationship between five founders of a venture capital fund...

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Monday, December 20, 2021James R.G. CookLitigationMaterial Adverse Effect (MAE)

In a remarkable trial decision resulting from a breach of contract claim commenced during the COVID-19 pandemic, Cineplex Inc. obtained a damages award in the amount of $1.2 billion against the former suitor of...

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Thursday, December 2, 2021James R.G. CookLitigation

At 1 p.m. on the Friday afternoon of the October 2021 Thanksgiving long weekend, a lawyer employed as an associate in the Brampton location of the firm...

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Monday, November 29, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

In some cases, sellers may wish to ‘hedge their bets’ by accepting a conditional offer that contains a term allowing them to continue to market the property for sale until...

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Monday, November 29, 2021James R.G. CookLitigation

In certain circumstances, the legal doctrines of common mistake and rectification may provide a remedy to a party who has paid out funds that are based upon admitted errors in...

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Friday, November 26, 2021James R.G. CookLitigationLand Title Act, GTA Real Estate

The doctrine of adverse possession remains alive and well in Toronto despite the conversion of most properties into the Land Titles registry system many...

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Monday, November 22, 2021James R.G. Cook, Delila BikicLitigation, Estate Planning

In a recent decision, the Court of Appeal addressed the longstanding relationship in estate litigation between the enforceability of promises, unjust enrichment, and the remedy...

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Friday, November 5, 2021James R.G. CookLitigationProcedural Fairness

Professional reputations which take years to build can be damaged by negative comments in judicial reasons, which are publicly available on CanLII and...

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Wednesday, November 3, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate

Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and...

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Tuesday, November 2, 2021Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure, Real Estate

In general, rules governing the amendment of pleadings in a civil action are generous. Courts are mandated to allow amendments. However in circumstances where an...

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Monday, November 1, 2021James R.G. CookLitigationLoans, Real Estate, GTA Real Estate, Monetary Gift, Brampton

Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of...

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Tuesday, October 26, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

Buyers who rely on real estate services provided by a family friend would do well to ensure that they are fully aware of the consequences of entering into a...

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Monday, October 25, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act

A mortgage lender enforcing its rights under a mortgage may owe the borrower a duty to do so honestly and in good faith. However, this does not mean that...

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Tuesday, October 19, 2021James R.G. CookLitigationLimitation Periods, Ontario Limitations Act

As we recently wrote, the Supreme Court of Canada’s recent decision on limitation periods in Grant Thornton v New Brunswick, 2021 SCC 31 (CanLII), left open the question of how...

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Monday, October 18, 2021James R.G. CookLitigationDefamation, Social Media

Capturing and reposting a screen shot of a private Snapchat photo sent by another person can result in liability for damages if it includes defamatory comments about...

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Tuesday, October 12, 2021James R.G. CookLitigationDuty of Loyalty

The duty of loyalty owed by lawyers to their clients is a foundational principle in the adversarial system. The Supreme Court of Canada has described the duty of...

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Thursday, October 7, 2021James R.G. CookLitigation, Real EstateFraudulent Conveyances Act

Defendants facing the prospect of an unfavourable ruling at trial should be aware that any conveyances or payments to third parties during...

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Thursday, October 7, 2021James R.G. CookLitigationRules of Civil Procedure, Anti-SLAPP Legislation, Online Reviews, Courts of Justice Act

Plaintiffs who commence a defamation action would be well-advised to consider the potential consequences of having the claim dismissed at an early stage...

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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...

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Monday, October 4, 2021James R.G. CookLitigation, Real Estate

Fences may make good neighbours but not when they can’t agree on where the fence should be located. In Lombardo v. 2672140 Ontario Inc...

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Monday, September 27, 2021James R.G. CookLitigationConstruction , Renovations, Construction Act

Major home construction projects involve a substantial investment of time and money. There is typically a high amount of stress involved for homeowners over the scope of...

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Friday, September 24, 2021James R.G. CookLitigationReal Estate, Mortgage Fees

Many Canadian mortgages have a prepayment term that imposes a penalty if the mortgage advance is repaid by the borrower before the maturity date. The general purpose of...

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Thursday, September 23, 2021James R.G. CookLitigationFraud, Kickbacks

Dishonest employees who are responsible for misappropriating funds from their employer may face civil judgment for the amount of the...

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Wednesday, September 22, 2021James R.G. Cook, Kevin MooibroekLitigationDefamation

A British Columbia plastic surgeon successfully sued a former patient for defamation following comments she posted online alleging...

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Friday, September 10, 2021James R.G. CookLitigation, Real EstateCondominium, Occupational Health and Safety Act, Condominium Act

Many condominium units are purchased as investment properties with the owners leasing out the units to tenants. This may result in a...

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Friday, September 3, 2021James R.G. CookLitigation

Mortgage syndicates may offer individual investors the opportunity to realize high rates of return by participating in real estate developments and...

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Friday, August 27, 2021James R.G. CookLitigationMonetary Gift

Funds transferred from one intimate partner to another during the course of a relationship may be subject to repayment unless the recipient can prove the money was a...

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Friday, August 20, 2021James R.G. CookLitigation

Buyers of a small business would do well to conduct as much due diligence as a purchase agreement allows concerning the alleged income of the business being purchased. Certainly, any representations made by a...

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Wednesday, August 11, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

During the period between the time an Agreement of Purchase and Sale (APS) is signed and the completion date, a property being purchased usually remains in...

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Friday, August 6, 2021James R.G. CookLitigation

Business owners will often be asked to provide a personal guarantee for loans to their corporations to provide an additional measure of security. Lenders should ensure that...

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Friday, July 30, 2021James R.G. CookLitigationNegligence, Limitation of Actions Act

In Grant Thornton LLP v. New Brunswick, 2021 SCC 31 (CanLII), the Supreme Court of Canada determined that a claim by the Province of New Brunswick against Grant Thornton LLP was statute-barred as the...

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Tuesday, July 27, 2021James R.G. CookLitigationNon-Compete, Auto Parts

In UAP Inc. v. Yako, 2021 ONSC 5065 (CanLII), the Ontario Superior Court of Justice dismissed the plaintiff’s request for an interim injunction enforcing a non-competition clause...

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Monday, July 26, 2021James R.G. CookLitigationDefamation

A recent decision of the Ontario Superior Court of Justice demonstrates that correspondence written by a lawyer may give rise to a claim for defamation if...

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Thursday, July 22, 2021Stephen A. Thiele, James R.G. Cook, Michael LauricellaLitigationHockey, Sports Law, Torts

Ice hockey is governed by rules which penalize certain physical infractions, including cross-checking, fighting, hitting from behind, and...

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Friday, July 9, 2021James R.G. CookLitigationGTA Real Estate, Real Estate, Caledon, Buyer's Representation Agreement, Small Claims Court

In the real estate industry, relationships between buyers and their real estate agent are often governed by a written Buyers Representation Agreement (“BRA”). A BRA usually...

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Thursday, July 8, 2021James R.G. CookLitigationHarassment, Landlord, Real Estate, Civil Litigation, Ontario Landlord and Tenant Board, YouTube, Internet Harassment

Online harassment has become a major issue in Canadian society and has resulted in the burgeoning tort of “internet harassment” specifically designed to...

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Monday, July 5, 2021James R.G. CookLitigation, Real EstateMississauga, GTA Real Estate

Agreements between family members are often informal and not reduced to writing, even if they involve substantial assets such as real estate. The parties may think that they have agreed on some of the terms but...

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Friday, July 2, 2021James R.G. CookLitigationReal Estate, GTA Real Estate, Agreement of Purchase and Sale

Sales of new condominiums and townhouses may sometimes allow a buyer to move into a unit on an “interim occupancy date” which may be several months before the purchase is scheduled to be finally...

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Monday, June 28, 2021James R.G. Cook, Kenneth JullLitigationConservation Authorities Act

In Lake Simcoe Region Conservation Authority v. Eng, the applicant Conservation Authority obtained an interim injunction against the owner of a property in an area of...

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Friday, June 25, 2021James R.G. CookLitigation, Real EstateVendors and Purchasers Act

Currently, the civil hearings list in Toronto is backlogged and suffering from what one Superior Court Justice has called “unacceptably long timeouts for civil motions and applications due to the effects of the...

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Friday, June 18, 2021James R.G. CookLitigationSocial Media, Facebook, Defamation, SLAPP, libel

In early 2019, a former model and adult film performer, Amanda Nagy also known as “Mandy Morbid,” posted a message on her Facebook page saying that Zak Smith, her former husband, artist, tabletop role-playing game (RPG) creator and...

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Wednesday, June 16, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate, Buyer's Representation Agreement

When courts have to decide whose version of a conversation is more likely to have occurred, recourse must often be had to the surrounding circumstances and any available...

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

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

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

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

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

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.

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

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...

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

In R. v. Trought, 2021 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...

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

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

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

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...

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

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...

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

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

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

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...

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

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

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

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...

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

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...

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

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

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

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...

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

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

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

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...

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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)

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...

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

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...

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

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.

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

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...

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

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...

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