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Security for costs victories
Monday, August 19, 2024Stephen A. Thiele, Anna Husa, Howard Wolch, James Beesley, Isabel YooLitigationCivil Procedure, Security for Costs
Under rule 56.01 of the Rules of Civil Procedure, a defendant can protect themselves against the costs of a legal proceeding by seeking an order that the...
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Province free to redevelop Ontario Place (Ontario Place Protectors v. HMTK in Right of Ontario)
Friday, August 16, 2024Stephen A. ThieleLitigationCivil Procedure, Standings, Actions against government
The actions of a government are not immune from litigation before the courts, particularly where Constitutional or Charter rights are in issue. Although courts are...
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Restrictions on encampments on public land do not violate US Constitution (City of Grants Pass, Oregon v. Johnson)
Friday, July 19, 2024Stephen A. ThieleLitigationBy-Laws, Encampments, Constitutionality, Municipalities
Worldwide, countries and cities are suffering an apparent affordable housing crisis. In Canada, our largest urban centres are experiencing the...
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Summary judgment granted to dismiss defamation claim (Martel v. Ottawa (City))
Friday, July 12, 2024Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment
Summary judgment is a powerful procedural tool that, among other things, permits a defendant to bring a motion to dismiss an action at an...
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Court orders protestor encampment to be removed from university campus (University of Toronto (Governing Council) v. Doe)
Thursday, July 4, 2024Stephen A. ThieleLitigationInjunction, Trespass, Encampments, Real Property
In general, universities around the world are a crucible for the exchange of passionate political ideas and the incubator of social movements. As a result of a terrorist act in...
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Professional negligence claim against lawyer dismissed as being statute-barred (Kucerak v. Lamfromboise)
Friday, June 21, 2024Stephen A. Thiele, Alexander MelfiLitigationLimitations Act, 2002
Under Ontario law, a claim must generally be commenced within two years from the date a plaintiff suffers damages or an injury. This two-year period is...
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Elderly widow defeats bank for monies owing on credit card (Royal Bank of Canada v. Smith)
Friday, June 21, 2024Stephen A. ThieleLitigationBanks and banking, Accounts, Credit cards, Liability
According to data available on the internet, at least 8 out of 10 Canadians either own or use a credit card. Credit cards are obviously convenient financial tools...
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Businesses should beware of waiver of liability forms that are limited to activities for a specific date (Mitchell v. Mason)
Monday, May 27, 2024Stephen A. ThieleLitigationContracts, Exclusion Clauses, Waiver of Liability
In the recreational industry, it is common for businesses to require participants to waive liability for any potential injuries incurred while...
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Harvey Weinstein and the Law of Similar Fact Evidence (The People v. Weinstein)
Monday, May 6, 2024Stephen A. ThieleLitigationEvidence, Admissibility, Similar facts
#MeToo is a social movement that gained prominence beginning in 2017. The purpose of the movement is to campaign against sexual abuse, sexual harassment and rape culture...
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Bank hit with $850,000 damages award for defaming former employee (Curtis v. Bank of Nova Scotia)
Monday, April 29, 2024Stephen A. ThieleLitigationTorts, Defamation, Evidence, Damages
In any civil action, evidence is important for the purposes of either proving or defending against a claim. While in most cases, the...
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The failure to prove publication is fatal to a defamation claim (Knight v. Sunshine Coast Campground Group Ltd.)
Friday, April 12, 2024Stephen A. ThieleLitigationTorts, Defamation, Publication
My purpose in writing law blogs is to educate the reader about the legal issues reviewed in court decisions in a way...
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No reasonable cause of action for alleged defamation protected by absolute privilege (Lopinski v. Raji)
Wednesday, April 3, 2024Stephen A. ThieleLitigationDefamation, Absolute Privilege, Defences
Regular followers of my blogs will probably have recognized that they often feature defamation cases and...
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Can an undischarged bankrupt start a lawsuit without notifying his trustee in bankruptcy? (Little v. Bramcan Investments Ltd.)
Friday, March 22, 2024Stephen A. Thiele, Noah Bonis CharancleLitigationTransportation & Logistics, Bankruptcy and Insolvency Act, Insolvency, Rules of Civil Procedure
Can an undischarged bankrupt bring a lawsuit in his own name without notifying his trustee in bankruptcy? In Little v. Bramcan Investments Ltd, 2024 ONSC 1485 (CanLII), the Ontario...
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Lawyer ordered to pay costs for citing fake cases in court material (Zhang v. Chen)
Friday, March 15, 2024Stephen A. ThieleLitigationCivil procedure – Costs = Lawyers = Personal costs, Ethics – Lawyers = Legal research – Artificial intelligence
“The risks of using ChatGPT and other similar tools for legal purposes was recently quantified in a January 2024 study: Matthew...
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Defamation action against family members of nursing home resident dismissed (Fiddick Nursing Home Ltd. v. Moore)
Monday, February 26, 2024Stephen A. ThieleLitigationTorts, Defamation, Anti-SLAPP, Dismissal of Action
The COVID-19 pandemic resulted in a lot of media coverage about the care provided to seniors in nursing homes. Seniors were...
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Cabinet mandate letters protected from disclosure (Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner))
Tuesday, February 6, 2024Stephen A. ThieleLitigationPrivacy, Freedom of Information, Cabinet Records, Exemptions
Democracy is a delicate form of government because it constantly tests the outer limits on multiple policies and...
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Recreational vehicle liability (Desrochers v. McGinnis)
Thursday, February 1, 2024Stephen A. ThieleLitigationRecreational vehicles, Motor vehicles, Liability, Owner
Vehicles, such as all-terrain vehicles (“ATV”), Skidoos, Jet Skis and SeaDoos, have both practical and...
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Lawyers Should be Prepared at Case Conferences (Think Research Corp. v. N & M Medical Enterprises)
Monday, January 22, 2024Stephen A. ThieleLitigationCivil Procedure, Powers, Judges and Courts, Case Conferences
The backlog of cases in Ontario’s civil justice system has, for some time, raised alarms about the health of this important democratic institution and...
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Maintaining your reputation in the practice of law (Modabber v. Kermanshahani)
Thursday, January 18, 2024Stephen A. ThieleLitigationLegal Ethics, Reputation, Duty of Lawyers
A good reputation is critical to most professions, especially the legal profession. The law of defamation, which we...
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City Councillor not an employee of City (Ras v. Mississauga (City))
Tuesday, January 9, 2024Stephen A. ThieleLitigationPolitical Law, Municipal Councillors, Civil Procedure, Status, Motion to Strike, No Reasonable Cause of Action
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Court finds that first-past-the-post electoral system is constitutional (Fair Voting BC v. Canada (Attorney General))
Thursday, December 7, 2023Stephen A. ThieleLitigationPolitical Law, Elections, Charter, Election System, Right To Vote
Canada’s federal elections, and the elections in most provinces and municipalities, are contested under a first-past-the-post or single member...
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Challenge to validity of Mayor Chow’s election dismissed (Clarke v. Toronto (City))
Tuesday, November 21, 2023Stephen A. ThieleLitigationCivil Procedure, Frivolous or vexatious proceedings, Dismissal and Political law, Elections, Validity
Not every election is necessarily final after the ballots are counted on election night. Sometimes, the margin of victory is extremely close and...
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Bona fide complaints to police are matters of public interest (Zeppa v. Rea)
Monday, October 23, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Matter of Public Interest
When a person believes that someone has committed a crime, it is, of course, perfectly reasonable that they...
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Defamation action against “consumer alert” reporter dismissed (Boraks v. Hussein)
Tuesday, September 19, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Dismissal of Action
In general, ordinary consumers of goods and services are viewed as a vulnerable class. While in certain circumstances, consumers can be protected by...
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Court of Appeal upholds dismissal of anti-SLAPP motion in trucking protest case (2110120 Ontario Inc. v. Buttar)
Friday, August 18, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP Motion, Dismissed
Last April, I wrote a blog about a motion judge’s decision to dismiss an anti-SLAPP motion in a trucking protest case on the grounds that the dispute between the parties...
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AirBnB unit not covered under residential tenancy law
Monday, August 14, 2023Stephen A. ThieleLitigationResidential Tenancy, Exemptions, Landlord and Tenant
A vacationer has a variety of accommodation options when travelling in a foreign destination. A vacationer might...
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Torts that Might Apply in a Dispute Between Neighbours in a Condominium (Novakovic v. Salvador)
Tuesday, August 1, 2023Stephen A. ThieleLitigationTorts, Defamation
Part of the purpose of our blogs is to help educate the reader about the law and the tests that apply to various causes of...
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A Lawyer’s Office is not a Drop Box for Service (Yuk-Shum v. Jiang)
Thursday, July 27, 2023Stephen A. ThieleLitigationTorts, Defamation, Procedure, Notice
Service of an originating process, like a statement of claim, or other court documents is, in general, governed by the...
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The law of defamation in a nutshell (Stratuscent Inc. v. Chehade)
Monday, July 24, 2023Stephen A. ThieleLitigationDefamation, Torts, Remedies, Injunction
Over the past few years, we have written a lot of blogs on the law of defamation...
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Use of a thumbs-up emoji creates a valid and binding contract
Monday, July 17, 2023Stephen A. ThieleLitigationContracts, Formation, Acceptance, Electronic Signature
In a groundbreaking legal ruling, a Saskatchewan court has recognized that a thumbs-up emoji (👍) can be a...
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$50,000 costs guideline for successful anti-SLAPP motion not applied again
Thursday, July 6, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Costs
As we have written before, Canada’s civil court system is “a loser pays” jurisdiction. In general, a party that loses a motion or...
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Ontario action against national law firm stayed in favour of Alberta
Friday, June 23, 2023Stephen A. Thiele, Gavin J. Tighe, K.C., Allison FarleyLitigationCivil Procedure, Stay of Proceedings, Forum Selection Clause, Forum Non Conveniens
A plaintiff has the right to commence a proceeding in a jurisdiction of their choosing. However, this right is not absolute. Where the issues in the proceeding are...
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“Chilling effect” on a plaintiff or others not grounds for harm on an anti-SLAPP motion
Monday, June 12, 2023Stephen A. Thiele, Michael LauricellaLitigationTorts, Defamation, Anti-SLAPP
Since 2020, two Supreme Court of Canada cases have guided the analysis of anti-SLAPP motions in Ontario and...
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Another negligence claim against lawyer dismissed for being a collateral attack
Thursday, June 1, 2023Stephen A. Thiele, Gavin J. Tighe, K.C., Kevin MooibroekLitigationCivil Procedure, Dismissal of Action, Collateral Attack
Unless a decision is overturned on an appeal, the issues decided therein have been finally determined. In general, a party impacted by a final decision...
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Lawyers face court sanction for relying on “bogus” cases produced by ChatGPT
Tuesday, May 30, 2023Stephen A. ThieleLitigationEthics, Legal Research , Chatbot Research
Artificial intelligence has been defined as “the simulation of human intelligence in machines that are programmed to think and act like humans.” In the practice of law,...
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Canada Soccer Loses Bid to Stay Arbitration Award
Thursday, April 6, 2023Stephen A. Thiele, Michael LauricellaLitigationProfessional Sports, Sports Law, Sports, Arbitration
Arbitration provides parties with an accessible and effective resolution mechanism to resolve disputes outside of the...
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Ontario Lacrosse Association Defeats Competitor’s Motion for Injunction
Monday, February 27, 2023Stephen A. Thiele, Michael LauricellaLitigationMembership, Injunction, Sports Law, Organizations
Competition amongst sporting organizations vying for eligible, talented athletes is commonplace. Accordingly, organizations take steps to...
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Court of Appeal affirms that entire agreement clause is not bullet-proof
Friday, February 24, 2023Stephen A. ThieleLitigationReal Estate, Contracts, Commercial Tenancies, Entire Agreement Clauses
Drafting clear, concise and bullet-proof provisions in a contract is an art. It takes time and a complete understanding of a client’s agreement with...
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Plaintiffs unable to establish terms of contract and entitlement to funds paid to trucking company
Friday, February 17, 2023Stephen A. ThieleLitigationContracts
Business relationships between different parties are generally governed by contracts. To be enforceable, a contract must have certainty of terms that are agreed to by the...
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Former Chamber of Commerce employee's defamation action allowed to continue
Monday, February 13, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation, Motion Dismissed
Although section 137.1 of the Courts of Justice Act (the “CJA”), the “anti-SLAPP provision”, has become a powerful tool to dismiss defamation actions at an early stage, there is certainly no guarantee that its use will always be...
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"Sugar Daddy's" $226 million action against "Sugar Baby" dismissed
Friday, February 10, 2023Stephen A. ThieleLitigationSummary Judgment, Civil Procedure, Limitation Periods
Technology has expanded the ability of people to meet others who they otherwise may have never met in a purely paper-based world. Indeed, entrepreneurs have...
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Complaint about changes to Greenbelt Plan against Premier Ford not worthy of inquiry
Friday, January 27, 2023Stephen A. ThieleLitigationFunds, Integrity Commissioner Complaint, Dismissal
Premier Doug Ford continues to be the target of Integrity Commissioner complaints by opposing members of Ontario’s legislators. Although there is...
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Freedom of expression prevails in responses to COVID-19 protest organizers’ defamation action
Monday, January 16, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation
March 2020 will live in our memories forever. It is the month that, among other things, the world panicked, that governments issued emergency orders to shutdown...
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Court orders removal of Facebook posts under cyber-bullying law
Friday, January 6, 2023Stephen A. ThieleLitigationRemedies, Cyber-bullying, Removal of online posts
The use of social media to threaten, intimidate or harass someone is an obvious cause of concern in our society. Young people are particularly vulnerable to social media harassment or what has...
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Interlocutory injunction denied for failure to provide undertaking in damages
Friday, December 9, 2022Stephen A. Thiele, Alexander Melfi, Rob WintersteinLitigationRules of Civil Procedure
An interlocutory injunction is a powerful and drastic remedy which Courts have said should only be granted sparingly. In that regard,...
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Court orders production of subsequent lawyer's file
Friday, December 2, 2022Stephen A. ThieleLitigation
Although solicitor-client privilege is a fundamental civil and legal right belonging to a client, the right is not absolute and...
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Council Resolution Restricting Communications of Councillor Unreasonable and Punitive
Friday, December 2, 2022Stephen A. ThieleLitigationFunds, Remedies, Integrity Commissioner, Judicial Review
Municipal governments are said to have the most influence on the day-to-day lives of residents. Accordingly, city staff and elected representatives, who in Ontario run as independent...
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Defamatory statements made in a pleading are immune to attack
Friday, November 25, 2022Stephen A. ThieleLitigationDefences, Torts, Defamation, Absolute Privilege
The law of defamation permits a defendant to raise specialized defences to defeat a claim. The most common defences are...
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Damages in a defamation action
Friday, November 18, 2022Stephen A. ThieleLitigationDamages, Torts, Defamation
Reputational harm is serious. It can have devastating impacts on the person whose reputation has...
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Female mining executive’s defamation claim against government employee allowed to proceed
Tuesday, November 15, 2022Stephen A. ThieleLitigationTorts, SLAPP, Defamation
Ontario and British Columbia are the only two common law provinces that have anti-SLAPP legislation. This legislation permits the early dismissal of claims that...
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Summons issued against Premier Ford valid but unenforceable because of parliamentary privilege
Monday, November 7, 2022Stephen A. ThieleLitigationPolitical Law, Public Inquiries, Summons, Parliamentary Privilege
There has been much political debate over the past few weeks about Premier Ford’s and Deputy Premier Jones’s refusal to voluntarily testify at the federal public inquiry into...
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75-day house arrest ordered for contempt in a defamation case
Wednesday, November 2, 2022Stephen A. ThieleLitigationTorts, Contempt of Court, Defamation
In a previous blog dated June 30, 2022, my colleague James Cook wrote about the award granted to a university instructor who was defamed on Twitter by ...
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Negligence claim against lawyer who obtained restraining order against a non-party dismissed
Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationNegligence, Professional Liability, Duty of Care, Non-client
Causes of action typically require a plaintiff to prove specific elements in order to succeed. In a claim for negligence, the plaintiff must prove (i) that there was a duty of care owed by...
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City Councillor’s disclosure of confidential material to own lawyer breaches Code of Conduct
Friday, October 21, 2022Stephen A. ThieleLitigationPolitical Law
In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective...
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Pro-life group's defamation claim against "online protestor" allowed to proceed
Monday, October 17, 2022Stephen A. ThieleLitigationSocial Media, Courts of Justice Act
Social media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and...
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Lessons in a professional liability claim
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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Richmond Hill Councillor's lawsuit is SLAPPed
Monday, August 8, 2022Stephen A. ThieleLitigation
An action that arises out of an expression on a matter of public interest is vulnerable to a motion for dismissal under section 137.1 of the Courts of Justice Act (the “CJA”). Actions against elected
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Inadvertent disclosure and improper use of privileged communications
Thursday, August 4, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., James R.G. CookLitigationRules of Professional Conduct
In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of...
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Conspiracy claim against lawyers dismissed
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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Statutory immunity and qualified privilege protect City Councillor against night club’s action
Friday, July 29, 2022Stephen A. ThieleLitigationPolitical Law, Torts, Municipal Councillors, Qualified Privilege
In the past few months, I have written a number of blogs about court decisions involving City Councillors. The courts and other processes...
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Losing an anti-SLAPP motion can be costly for a plaintiff
Thursday, July 14, 2022Stephen A. ThieleLitigationCosts, Defamation, Torts, Anti-SLAPP
The issue of costs is important for parties to take into consideration when litigating a case. Presumptively, winning parties are entitled to...
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Toronto City Councillor knocks out defamation action
Monday, July 4, 2022Stephen A. ThieleLitigationDefamation, Anti-SLAPP Legislation, Torts
Although politicians continue to be targets of defamation actions, politicians also continue to knock them out under Ontario’s anti-SLAPP...
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Lawyer not vicariously liable to opposite party in failed real estate transaction
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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City politicians succeed in getting defamation claim against them dismissed
Friday, June 10, 2022Stephen A. ThieleLitigationDefamation, Torts, Anti-SLAPP
Politics can be a rough profession, particularly where the issues being debated attract diametrically opposed views. Some social issues often bleed into...
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Lawyer who was consulted by another lawyer disqualified from acting against other lawyer
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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Costs for online legal research continue to be scrutinized by the courts
Tuesday, May 10, 2022Stephen A. ThieleLitigationCosts, Legal Research
When I first entered law school in 1987, Quicklaw was the only online legal research tool available to lawyers. While this tool was ...
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Could full indemnity costs become the norm in defamation actions?
Monday, May 9, 2022Stephen A. ThieleLitigationCosts, Torts
As the use of social media platforms continues to grow, there is a correspondingly growing danger that the misuse of these platforms can cause devastating damage to ...
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Public protest against trucking company not a matter of public interest
Thursday, March 31, 2022Stephen A. ThieleLitigationCourts of Justice Act
Not all public protests are necessarily created equal. While most public protests will be viewed as having a public interest component, some might be viewed as ...
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Golf game survives homeowners’ request for mandatory interlocutory injunction
Friday, March 25, 2022Stephen A. ThieleLitigationRules of Civil Procedure, Interlocutory Injunction
Owning a home neighbouring a golf course is a desirable thing. A golf course provides significant green space in a neighbourhood, and, among other things, provides an adjacent homeowner with ...
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Credit Reports and the Law of Defamation
Wednesday, March 23, 2022Stephen A. ThieleLitigation
Individuals and businesses are zealously concerned with protecting their respective reputations. Having a stellar reputation can be an important asset. For individuals, a positive reputation is important for ...
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Presumptive costs award under anti-SLAPP law granted against Maxime Bernier
Friday, March 18, 2022Stephen A. ThieleLitigationAnti-SLAPP Legislation, Courts of Justice Act
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Courts rejects corporation’s motion to be represented by a consultant
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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Jurisdictional Door on the Small Claims Court Slammed Shut for Anti-SLAPP Motions
Friday, January 28, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., Daria RisteskaLitigationAnti-SLAPP Legislation, Anti-SLAPP
Anti-SLAPP or section 137.1 of the Courts of Justice Act (“CJA”) motions for the early dismissal of claims involving issues arising from an expression related to ...
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Defamation basics and pre-trial disposition motions
Monday, January 24, 2022Stephen A. ThieleLitigationDefamation, Torts, Pre-trial Disposition
We have written a lot about defamation cases on this blog and the pre-trial disposition of defamation actions under...
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Watchdog’s defamation action against municipality allowed to continue
Monday, January 17, 2022Stephen A. ThieleLitigationPolitical Law, Torts, SLAPP
The law of defamation in the political arena has a long history. Passionate sparring between political opponents and the tendency to attack an opponent’s policies and character has
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Divisional Court upholds Integrity Commissioner decision: Councillor’s pay suspended for 270 days
Friday, December 31, 2021Stephen A. ThieleLitigationMunicipal Act, Integrity Complaints
Politicians are not above the law. Indeed, they occupy a position in our democratic society which obligates them to behave with the utmost integrity and in accordance with the office they...
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Distribution under ambiguous disposition provision in Will made on a per stirpes basis
Wednesday, December 22, 2021Stephen A. Thiele, Howard Wolch, Lindsay Ann Histrop, Eli BordmanLitigation, Estate PlanningWills, Interpretation
A Last Will and Testament is an important document that, among other things, permits the smooth distribution of a person’s estate after his or her death. It is, of course,...
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Declaration of vacancy of Council member’s seat not stayed pending Councillor’s appeal
Wednesday, December 15, 2021Stephen A. ThieleLitigation, Political LawMunicipal Conflict of Interest, Stay Pending Appeal
On November 29, 2021, I wrote a Gardiner Roberts LLP “Keeping Current” article on the decision in Corporation of the Township of Brudenll, Lyndock and Raglan (Integrity Commissioner) v. Budarick, 2021 ONSC 7635 (CanLII). In that...
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Court sets aside non-competition injunction
Tuesday, December 14, 2021Stephen A. Thiele, Howard WolchLitigationInjunction, Non-competition injunction
An injunction that prevents a person from competing with a former employer can be devastating to the party subject to the injunction. Accordingly, where such...
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Court upholds removal of lawyers who will be witnesses
Monday, December 13, 2021Stephen A. Thiele, Anna Husa, Lauren RakowskiLitigationProfessionals, Lawyers, Removal from the record
Lawyers are obligated to avoid acting on matters where they have a conflict of interest. A lawyer cannot act against a current client and must follow certain ethical rules and practices when acting for...
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Self-defence prevails in recreational hockey league stick-swinging incident
Wednesday, December 1, 2021Stephen A. ThieleLitigationHockey, Sports Law, Assault with a weapon, Self-defence
Hockey is one of Canada’s most popular sports. From a young age, many children are taught how to skate and are either registered in organized ice hockey leagues or...
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City Councillor gets burned for municipal conflict of interest over a matter involving a fire
Monday, November 29, 2021Stephen A. ThieleLitigationPolitical Law, Conflict of Interest, Removal from office
Municipal councillors and local board members are obligated to avoid participating in matters where their economic self-interest may be in conflict with...
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Ford wins again! Court of Appeal for Ontario upholds dismissal of defamation action against him
Friday, November 26, 2021Stephen A. Thiele, Alexander Melfi, Gavin J. Tighe, K.C.LitigationDefamation, Torts, SLAPP
Section 137.1 of the Courts of Justice Act (the “CJA”) has made it harder for a plaintiff to maintain a defamation action against a defendant where the issue related to the expression involves a matter of...
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Lawyer not added as a defendant to counterclaim in real estate dispute
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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Ontario Court of Appeal upholds setting aside of a notice of discontinuance
Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationRules of Civil Procedure, Real Estate
On August 3, 2020, lawyers at Gardiner Roberts LLP were successful in getting a notice of discontinuance set aside for their real estate brokerage...
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Lawyer wins $500,000 in defamation action
Thursday, October 28, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts
Damage awards in a defamation case can be significant. This is especially the case where...
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Defamer gets 18 month jail sentence for contempt of court
Thursday, October 21, 2021Stephen A. ThieleLitigationDefamation, Torts, Remedies, Contempt of Court
In the law of defamation, we only tend to think about the damages that are awarded for a person’s loss of reputation or the intellectual analysis conducted by...
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Incorrect Counting of Unused Ballots Results in Judicial Recount
Friday, October 15, 2021Stephen A. ThieleLitigationPolitical Law, Election Law, Recounts
An election is not officially over until all of the ballots are counted and the results are certified by the Chief Electoral Officer. This includes the...
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Supreme Court of Canada upholds reduction in size of Toronto's City Council
Monday, October 4, 2021Stephen A. Thiele, Gavin J. Tighe, K.C., James R.G. CookLitigationToronto Politics, Supreme Court of Canada, City Councillors
In Canada’s recent federal election, voters demonstrated a passion for democracy and were willing to stand in long line-ups to exercise their...
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GR lawyers succeed in having action over cancelled building permit transferred to correct court
Thursday, September 30, 2021Stephen A. Thiele, Kenneth JullLitigationConservation Authority, Conservation Authorities Act
Each jurisdiction has different levels of court. In Ontario, there is the Small Claims Court, the Ontario Superior Court of Justice, the Divisional Court and the...
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Restrictive covenants and short-term vacation rentals
Monday, September 20, 2021Stephen A. ThieleLitigation, Real EstateCondominium, Restrictive Covenant, Short-term vacation rentals
Owning a condominium unit that can be leased for short-term vacation rentals can be exciting. Not only does the owner have a property at which to stay while on vacation without the need to pay for...
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Sports law and the Competition Act
Monday, September 13, 2021Stephen A. ThieleLitigationSports Law, Competition Act, Professional Sports
Sports law is not just about representing athletes in their contract negotiations with teams, providing advice and legal services on marketing agreements for...
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Court Refuses To Dismiss Claims That Did Not Engage SLAPP Provisions
Wednesday, September 1, 2021Stephen A. ThieleLitigationTorts, Defamation, SLAPP
Section 137.1 of the Courts of Justice Act (the “CJA”), which permits the dismissal of actions related to an expression made with respect to a matter of public interest, continues to...
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Court finds 500% “penalty” clause enforceable
Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract
In the law of contracts, a penalty is the payment of a stipulated sum on the breach of the contract, irrespective of the damage sustained. In general, where the penalty is...
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Lack of standing prevents challenge to COVID-19 restrictions
Tuesday, August 24, 2021Stephen A. ThieleLitigationCOVID-19, Civil Procedure, Charter, Charter Challenge
The COVID-19 pandemic has led to various court challenges in connection with some of the restrictive measures imposed by federal, provincial and...
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Stay refused: Ontario court rules arbitration clause in international commercial contract inoperative
Friday, July 30, 2021Stephen A. Thiele, Howard WolchLitigationArbitration
Courts are not the only place where parties can have their civil disputes resolved. Parties can mutually agree to have their disputes resolved by a mediator or by...
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Facility operator dodges damages award because patron waived liability
Monday, July 26, 2021Stephen A. ThieleLitigationSports Law, Contract Law, Waiver of Liability
Participating in sports is an activity that is encouraged by many. For example, parents enrol their children in a variety of winter and summer sports so that the children can meet and interact...
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Plaintiff Suffers Blow: Punch to Face in Amateur Ice Hockey Game Found to be Not Reasonably Foreseeable
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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Wrong for City Councillor to have entered residential properties without permission
Tuesday, July 13, 2021Stephen A. ThieleLitigationPolitical Law, City Councillors
Politicians occupy an important position in our democracy. They are elected to represent all individuals and to make well-reasoned decisions that, among other things, steer and guide the economy, impose necessary limits on behaviour and put into place a social safety net that...
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Claim for online research costs rejected in Ontario commercial proceeding
Monday, July 5, 2021Stephen A. ThieleLitigationLegal Research , Costs
As we have previously written, many courts are extremely reluctant to grant a winning party recovery for online legal research disbursements when making a costs award. A party who seeks the...
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Student-Athletes Prevail in Antitrust Action Against the National Collegiate Athletic Association to Secure Education-Related Benefits
Tuesday, June 29, 2021Stephen A. ThieleLitigationSports Law, College, Student Athletes, University
Last week, in the case of National Collegiate Athletic Association v. Alston et al. 594 U.S., the Supreme Court of the United States unanimously held that the rules of the National Collegiate...
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Tribunal’s independent legal research not procedurally unfair
Thursday, June 24, 2021Stephen A. ThieleLitigationLegal Research , Orders and Judgments, Procedural Fairness
When a judge or an adjudicator renders a decision that is not anchored in the pleadings, evidence, positions or submissions of the parties, appellate courts have overturned the...
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Integrity Commissioner’s ruling against Councillor upheld, but Council cannot unreasonably restrain his ability to communicate with constituents
Tuesday, June 15, 2021Stephen A. ThieleLitigationPolitical Law, Scope, Remedies, Municipal Code of conduct for members
In general, politicians at all levels of government in Canada are required to either adhere to a Code of Conduct or are subject to integrity legislation. These Codes or statutory provisions are designed to...
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Ontario third party advertising provisions held to be unconstitutional
Thursday, June 10, 2021Stephen A. ThieleLitigation, Political Law, Election LawConstitutionality, Third Party Advertising
The ability to openly and freely debate political issues is the lifeblood of democracy. There is significant value in people being engaged in issues and voicing their positions to others, including government. However, in the past 20 years...
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Litigant Misses the Cut in Lawsuit After Being Hit in the Head by a Golf Ball
Wednesday, June 9, 2021Stephen A. ThieleLitigationSports, Torts, Negligence, Golf, Sports Law
Spectating a live sporting event is typically an enjoyable experience. Whether in the arena watching a hockey game or on the course taking in a round of golf, there is a general entertainment value that comes with...
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A Judge’s Duty is to Judge
Monday, June 7, 2021Stephen A. ThieleLitigationLegal Research , Rules of Civil Procedure
A judge plays many roles, but one of the most important is to render a decision between conflicting parties. In rendering a decision, a judge must...
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COVID-19 increases length of reasonable wrongful termination notice to 24 months
Tuesday, June 1, 2021Stephen A. ThieleLitigation, Employment LawWrongful Dismissal, Reasonable Notice, COVID-19, Wrongful Termination
COVID-19 has had a devastating impact on our economy. Some businesses have gone bankrupt, while others have simply closed down forever. Many people have seen their work hours reduced, while others...
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Summary judgment denied over defamatory TV show first aired in Pakistan
Tuesday, May 25, 2021Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment, libel, slander
Ontario’s Rules of Civil Procedure provide that where there is no genuine issue requiring a trial, summary judgment shall be granted. It has been determined by Ontario courts that this rule is...
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Nova Scotia court prevents anti-masking protest from happening
Thursday, May 20, 2021Stephen A. ThieleLitigation, InjunctionsCOVID-19, Remedies
This past weekend, despite Ontario’s stay-at-home order, there were two major public protests in Toronto. On late Saturday afternoon (May 15th) an estimated crowd of...
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$500,000 in damages awarded for comments about yellow Ferrari’s ownership
Friday, May 14, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts
Cars are a tremendous invention. Historically, among other things, cars changed the way that people travelled and reduced significantly the travel time between destinations. Cars are certainly very popular and...
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Injunction granted to stop defamatory posts published on Instagram
Friday, April 30, 2021Stephen A. ThieleLitigationDefamation, Torts, Injunction
Social media is a great tool for, among other things, the promotion of personal or business interests, or connecting with like-minded individuals. It provides a window to...
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Recovering Online Legal Research Disbursements
Wednesday, April 21, 2021Stephen A. ThieleLitigationLegal Research , Disbursements
In previous blogs, I have written about the careful scrutiny given by courts to claims for costs for online legal research incurred during a proceeding. In most instances, the claims have either been disallowed or...
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Gratuitous Defamatory Tweets About Plaintiff Not Protected as a Matter of Public Interest
Monday, April 5, 2021Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Pre-trial Disposition
The internet and social media have spawned much civil litigation in the area of defamation. There is no cost to obtaining a Twitter account, for example, and to “tweeting” out a...
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Federal Conservative Party Member Wins Pyrrhic Court Victory: Loses in Party Election
Friday, March 26, 2021Stephen A. ThieleLitigationPolitical Law, Contract Law, Contractual Rights, Political Parties, Membership
I preface this political law blog with the full disclosure that although I am involved in party politics, I am not a member of any federal political party in Canada...
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Motion to enjoin hotel quarantine law denied
Wednesday, March 24, 2021Stephen A. ThieleLitigation, Constitutional Law, Charter of Rights and FreedomsCOVID-19, Interim Injunction
The COVID-19 pandemic has caused our governments to implement laws aimed at stopping the spread of the virus. While many of those laws arguably have a minimal effect or none at all on...
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A Victory for Freedom of Speech
Monday, March 15, 2021Stephen A. ThieleLitigationFreedom of Expression, Political Law, Canadian Charter of Rights and Freedoms
The framers of the U.S. Constitution wrote that government “shall make no law…abridging the freedom of speech.” Although these words were written in the context of...
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Correcting some misconceptions about online legal research costs
Monday, March 8, 2021Stephen A. ThieleLitigationLegal Research , Costs, Online Searches
The greatest revolution in law over the last 30 years has been the ability to access case law and secondary sources online. When I started law school at...
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Defaming a professional can be costly
Wednesday, March 3, 2021Stephen A. ThieleLitigationDefamation, Advertising, Alberta, Alberta Dental Association
The law of defamation is unique in that general damages are awarded at-large. There is no upper ceiling for an award and there is little value to be gained in attempting to compare...
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The judicial rant heard around the legal profession: a legal research lesson
Saturday, February 27, 2021Stephen A. ThieleLitigationCivil Procedure, Legal Research , Transfer Motion, Rules of Civil Procedure
As we approach the one year anniversary of Ontario’s declaration of a state of emergency because of Covid-19 pandemic, the stresses and strains caused by the lockdown can be seen and...
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Reputation can be everything
Thursday, February 25, 2021Stephen A. ThieleLitigationDefamation
The tort of defamation is all about the protection of a person’s reputation. Where a person suffers a loss of reputation because of words spoken or published about...
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God’s law is not supraconstitutional
Monday, February 22, 2021Stephen A. ThieleLitigationGod's Law, Bible
Although Part 1 of Canada’s Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11 references “the supremacy of God”, this...
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You can’t play dress up with a defamation action
Thursday, February 18, 2021Stephen A. ThieleLitigationDefamation, slander
The law of defamation is subject to many strict rules, which may vary from province-to-province under respective special libel and slander...
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Legal research in costs awards
Tuesday, February 16, 2021Stephen A. ThieleLitigationCivil Litigation, Legal Research , Costs
Despite its importance, legal research is often a line item that comes under close scrutiny when a court awards costs to a...
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Criminal proceedings and the civil defamation claim: A limitation period lesson
Friday, February 5, 2021Stephen A. ThieleLitigationDefamation, Limitations Act, Ontario Court of Appeal
In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from...
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Disgorgement of profits could be a potential remedy in a defamation action
Tuesday, February 2, 2021Stephen A. ThieleLitigationDefamation, British Columbia, Damages
Remedies are an important aspect of any case. In the law of defamation, the usual remedy sought by most plaintiffs is general damages for reputational harm. In a defamation case...
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Limitation period avoided: Claims of republication of libel by third party allowed to be added action because stories were on internet
Monday, February 1, 2021Stephen A. ThieleLitigationTorts, Defamation, Republication, Limitation Periods
Across the country, limitation periods have been enacted to regulate the time in which an action can be commenced. Defendants are entitled to finality, and...
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Defamation action against Ontario Premier dismissed under Courts of Justice Act
Thursday, January 28, 2021Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationDefamation, Funds, Police Services Act, Members’ Integrity Act, Courts of Justice Act, Political Law
Early last year, the Premier of Ontario, Doug Ford, in a highly sensationalized lawsuit was sued for defamation by a former Deputy Commissioner and...
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Patrick Brown takes down insurance company
Wednesday, January 27, 2021Stephen A. ThieleLitigationDefamation, Funds, Insurance Law
An issue that sometimes arises in defamation actions is whether the costs of a prosecution or a defence is covered by an insurance...
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Defamation suit surrounding BC’s foreign buyer tax is dismissed
Monday, January 25, 2021Stephen A. ThieleLitigationTorts, Funds, Defences
The law of defamation is fascinating because the fact scenarios of each case are unique. Where matters of public interest are involved, people are prone to express opinions about the...
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Plaintiffs who started debate on matters of public interest have defamation claim dismissed
Wednesday, January 20, 2021Stephen A. ThieleLitigationDefamation, Courts of Justice Act
Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often...
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President of Queen's Privy Council for Canada to be an "adverse witness" in potato farmer's case
Friday, January 15, 2021Stephen A. ThieleLitigationEvidence, Funds, Witnesses, Adverse Witness
The examination of witnesses at a trial is governed by certain basic rules. For a witness who is being questioned by the side for which that person is a...
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Former Agriculture Minister Not Required to Testify
Friday, January 8, 2021Stephen A. ThieleLitigationCivil Litigation, Evidence, Witnesses, Adverse Witness, Funds, Interprovincial Summonses Act
Despite courts moving to electronic hearings whereby theoretically a witness could appear virtually from anywhere...
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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
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...
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Housing construction project turned sour results in personal liability and dismissal of defamation claim
Monday, December 28, 2020Stephen A. ThieleLitigation, Real EstateAlberta, Fraud, Dream Home, Construction , Kickbacks
Although building a house can take much planning and hard work in securing a developer, labour and material, it is meant to be a joyous exercise which...
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Election law’s substantive approach applies to judicial recounts
Thursday, December 24, 2020Stephen A. ThieleLitigation
Over eight years ago, the Supreme Court of Canada in Opitz v. Wrzesnewskyj, 2012 SCC 55 rejected a bid to overturn a close election result under ...
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Legal research and the duty to disclose relevant law
Monday, December 21, 2020Stephen A. ThieleLitigationRules of Professional Conduct, Research, Disciplinary Hearing, Ethics, Legal Research , Law Society of Ontario
Legal research is important. In general, every legal issue requires some form of legal research because each legal issue is informed either by...
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The frailties of online legal research: the words “and” and “or”
Monday, December 14, 2020Stephen A. ThieleLitigationResearch, COVID-19, Lexis Advance, Quicklaw, CanLII, NextCanada
I have been a legal research lawyer for almost 30 years. When I started law school in 1987 the use of laptops to take notes in lectures was completely unknown. Our first year legal research and writing class was based..
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Who is that guy? A lesson in the law of defamation
Wednesday, December 9, 2020Stephen A. ThieleLitigationDefamation, Supreme Court of Canada
The law of defamation is about protecting a person’s reputation. Accordingly, as determined by the Supreme Court of Canada in the seminal case of...
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Partial shutdown of business does not preclude business interruption claim
Wednesday, October 7, 2020Stephen A. Thiele, James R.G. CookLitigation, Insurance ActCOVID-19
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...
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Business Interruption Insurance in the Time of COVID-19: Some Recent Judicial Consideration
Monday, September 21, 2020Stephen A. Thiele, James R.G. CookLitigation, Bankruptcy and Insolvency, Insolvency law, Insurance ActOntario, COVID-19, Business Interruption Loss Policy, Ontario Business Loss Coverage Litigation, Financial Conduct Authority, Disease Clauses, Prevention of Access Clauses
The COVID-19 pandemic has caused a significant slowdown in many sectors of the economy, forcing businesses to either seek creditor protection or...
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Ontario Suspends Commercial Tenant Evictions
Friday, June 19, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationBill 192 - Protecting Small Business Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Tenancies Act, Commercial Landlord, COVID-19, Ontario Government
In the wake of the COVID-19 pandemic, governments around the world have implemented physical distancing measures to “flatten the curve”.
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A Litigation Update: The Small Claims Court and Short Motions or Applications
Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationRules of Professional Conduct, Small Claims Court, Short Motions
As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.
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The Ontario government continues to modernize the way in which documents can be executed and sworn
Thursday, May 14, 2020Stephen A. Thiele, Lindsay Ann Histrop, Jennifer SearleBusiness Law, Corporate LawCOVID-19, Wills, Powers of Attorney, State of Emergency, Bill 190, Notaries Act, Commissioner for Taking Affidavits Act
The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with ...
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Ontario re-opening for business: A gradual approach
Thursday, May 7, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationCOVID-19, Ontario Government, Ontario, State of Emergency
With Victoria Day a little more than a week away and people experiencing a growing urge to return to pre-COVID-19 routines, many governments, including the Ontario government, have...
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A CERB Application Update
Monday, April 6, 2020Stephen A. ThieleLitigationCOVID-19, Canada Emergency Response Benefit (CERB), Canada Revenue Agency (CRA)
On Friday, April 3rd, 2020, the Government of Canada released a comprehensive question and answer resource on the Canada Emergency Response Benefit. Specifically, eligibility requirements and the application process was clarified
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Ontario expands non-essential business closures
Saturday, April 4, 2020Stephen A. ThieleLitigationCOVID-19, Infectious Diseases, Infectious Diseases Emergencies, Healthcare
On April 3, 2020, the Ontario government expanded the list of non-essential businesses that will be required to close while the province courageously battles to control the spread of COVID-19. Under Regulation 82/20, the Ontario government had previously provided a list of businesses that it had deemed essential and that could remain open during the current health emergency.
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Novel Coronavirus (COVID-19) Update: Federal and Provincial Government Relief Measures Available to Businesses
Thursday, April 2, 2020Stephen A. ThieleLitigation, Business LawLayoffs, COVID-19, Coronavirus, Wage Subsidy, Work-Sharing Program Extensions, Workplace Safety and Insurance Board (WSIB), Business Credit Availability Program (BCAP)
This blog will provide an overview of the most significant federal and provincial relief measures to assist businesses and entrepreneurs in the face of the unique and pressing challenges presented by the current COVID-19 pandemic.
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The other side of MeToo
Tuesday, February 20, 2018Stephen A. ThieleLitigationDefamation
The #MeToo movement has started a revolution. No longer are women, in particular, afraid to speak about incidents in which they have...
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Where will marijuana laws end up?
Tuesday, August 15, 2017Stephen A. ThieleLitigationMarijuana, General Interest, Ontario, Mental Health
As Canada prepares to legalize marijuana next July, questions remain about the restrictions that will be put on this drug.
In a recent position paper released by the Ontario wing of the Canadian Mental Health Association, it is...
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Is Canada Day celebration controversy worth breach of contract claim?
Wednesday, July 5, 2017Stephen A. ThieleLitigation, Employment LawToronto, Toronto Politics, Termination, Ontario, Canada Day
On July 1, 2017, Canada turned 150 years old. All across the nation, public and private organizers...
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Missing Comma May Prove Costly
Wednesday, March 15, 2017Stephen A. ThieleLitigationGeneral Interest
Good legal writing is an important skill.
The failure to properly draft a contract or a legislative provision can have significant...
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Collecting legal fees: The Small Claims Court is back in business
Wednesday, January 18, 2017Stephen A. ThieleSolicitors Act, LitigationLegal Fees, Small Claims Court
For the past few years, the courts have grappled with the issue of whether the Small Claims Court has jurisdiction to hear cases about the collection of unpaid legal fees. First, a court determined that...
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Check Before You Rent
Wednesday, December 14, 2016Stephen A. ThieleReal Estate, LitigationCondominium, Rental Property, Tenant
With Toronto still in the middle of a condominium boom and more people buying condominium units for investment purposes, particularly for short-term rentals, it is important to review both the...
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What’s in a name? Everything if it is a registered Trade-mark!
Wednesday, December 7, 2016Stephen A. ThieleIntellectual Property, Litigation, Common LawHockey, Trademarks, NHL, Copyright, Las Vegas, Nevada, Sports, Vegas Golden Knights
At the end of November, the new National Hockey League franchise awarded to Las Vegas unveiled, along with a logo, that the team would be named the...
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Lessons from the Dreamworld Crisis
Wednesday, November 2, 2016Stephen A. ThieleLitigation
Last week, 4 adults were killed at the Dreamworld Amusement Park in Australia when they were thrown from a family-friendly, river-raft ride onto a conveyor belt. Media reports indicated that...
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Civil Liability for STDs and Jurisdiction
Wednesday, October 5, 2016Stephen A. ThieleCivil Law, LitigationBaseball, Civil Liability
On October 4, 2016, Toronto Blue Jays first baseman Edwin Encarnacion hit a dramatic three-run homerun to lift his team past the Baltimore Orioles in their...
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Pokemon “No!”
Wednesday, August 17, 2016Stephen A. ThieleMunicipal Law, Criminal Code, LitigationGeneral Interest, Technology, Mobile Phones
The proliferation of iPhones, iPads, androids and other personal technology devices has also resulted in the growth of online games for both the young and old. It is difficult to watch television without...
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Toronto Police Arrest Nearly 100 In Marijuana Raids
Wednesday, June 1, 2016Stephen A. ThieleLitigationMarijuana, Charter
Toronto police and the City of Toronto licensing and standards officers carried out dozens of search warrants of marijuana dispensaries and arrested nearly 100 people.
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