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15 Jul

Lender’s failure to provide mortgage discharge results in damages for borrower’s inability to complete secondary transaction (De Rita v. 1266078 Ontario Inc.)

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

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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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12 Jul

Claim against jointly-retained real estate lawyer dismissed after party’s repudiation of transaction (Precision Forest Industries Ltd v Cox)

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

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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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12 Jul

Summary judgment granted to dismiss defamation claim (Martel v. Ottawa (City))

Friday, July 12, 2024Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment

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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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4 Jul

Is a company liable for its AI chatbot telling a customer to phone a scammer?

Thursday, July 4, 2024Noah Bonis CharancleLitigationTransportation & Logistics, AI, Chatbot, Artificial Intelligence

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Client-facing Artificial Intelligence chatbots are being used more and more frequently by corporations to respond to client inquiries. These artificial intelligence programs, able to string...

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4 Jul

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

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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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28 Jun

Court rejects application record and affidavit sworn by associate for failing to comply with the Rules of Civil Procedure (Sabbagh v. Waterford Grand Retirement Residence)

Friday, June 28, 2024Isabel YooLitigationRules of Civil Procedure

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When preparing documents for court, the form, not only the substance, of the materials filed matters greatly. Failure to abide by the Rules of Civil Procedure, which...

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24 Jun

Defamation claim against Global News by former Liberal MP survives Anti-SLAPP motion (Dong v. Global News)

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

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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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21 Jun

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

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

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Under Ontario law, a claim must generally be commenced within two years from the date a plaintiff suffers damages or an injury. This two-year period is...

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21 Jun

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

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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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20 Jun

Agreement of Purchase and Sale not binding due to addition of unsigned Schedule (Ali v. Patel)

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

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In Ali v. Patel2024 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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19 Jun

Former law firm associate’s claim struck against individual firm lawyers (Brown v. WeirFoulds LLP)

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

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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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13 Jun

Mortgage enforcement claim dismissed as statute-barred (Albrecht v. 1300880 Ontario Inc.)

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

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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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10 Jun

B.C. court orders shared custody of separated couple’s dog under new Family Law Act amendments (Bayat v. Mavedati)

Monday, June 10, 2024Isabel YooLitigationFamily Law, Pet Ownership

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The British Columbia Family Law Act was amended in January of 2024 to include specific provisions to determine the ownership of a couple’s “companion animal”...

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10 Jun

Professional negligence claim against litigation lawyer dismissed in a case of “settler’s remorse” (Kiselbach v. DeFilippi)

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

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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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6 Jun

The Importance of Professionalism in Complaint Responses

Thursday, June 6, 2024Lad KucisLitigation, Health LawRegulated Health Professionals

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As defence counsel for regulated health professionals, and other types of professionals, I have seen numerous cases where ...

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27 May

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

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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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27 May

Seller did not repudiate agreement of purchase and sale notwithstanding missed deadline (Vandermolen Homes Inc. v. Mani)

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

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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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23 May

Letters of Credit and Fraud Exception

Thursday, May 23, 2024Rui FernandesLitigationTransportation & Logistics, Letter of Credit, Fraud

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A bank issuing a letter of credit has a near absolute duty to honour a demand for payment under the letter. Notwithstanding, one...

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23 May

The Promises and Pitfalls of Implementing the Internet of Things Devices in Trucking

Thursday, May 23, 2024Jamal RehmanLitigationTrucking, Transportation & Logistics, Internet, Internet of Things, Improved Inventory and Fleet Management, Enhanced Supply Chain Visibility, Real-Time Monitoring

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The Internet of Things (“IoT”) technologies in the context of trucking refers to the integration of physical assets – such as trucks, trailers, and even...

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23 May

Limitations of Liability in the Marine Liability Act Exclude Costs and Interest

Thursday, May 23, 2024Kim E. StollLitigationTransportation & Logistics, Maritime Law, Liability, Marine Liability Act, Costs and Interest, Costs, Interest

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It was a long time coming, but there is finally clarity regarding whether the monetary limitations of liability contained in the Marine Liability Act...

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23 May

CBSA Delays CARM Release Until October 2024

Thursday, May 23, 2024Conal CalvertLitigationCanada Border Services Agency, CBSA Assessment and Revenue Management

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Once again, the Canada Border Services Agency (“CBSA”) has pushed back the implementation of the CBSA Assessment and...

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17 May

Kielburger defamation claim against Canadaland survives anti-SLAPP motion (Kielburger v. Canadaland Inc.)

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

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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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6 May

Harvey Weinstein and the Law of Similar Fact Evidence (The People v. Weinstein)

Monday, May 6, 2024Stephen A. ThieleLitigationEvidence, Admissibility, Similar facts

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#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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29 Apr

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

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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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19 Apr

Breach of privacy and unauthorized access to electronic information in spousal dispute (Chen v. Huang)

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

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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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12 Apr

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

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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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11 Apr

Injunction against CBC denied in contractor’s defamation claim (Evangelisti v. Canadian Broadcasting Corporation)

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

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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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3 Apr

No reasonable cause of action for alleged defamation protected by absolute privilege (Lopinski v. Raji)

Wednesday, April 3, 2024Stephen A. ThieleLitigationDefamation, Absolute Privilege, Defences

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Regular followers of my blogs will probably have recognized that they often feature defamation cases and...

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22 Mar

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

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Can an undischarged bankrupt bring a lawsuit in his own name without notifying his trustee in bankruptcy? In Little v. Bramcan Investments Ltd2024 ONSC 1485 (CanLII), the Ontario...

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15 Mar

Borrower’s lawyer not liable for payment of mortgage broker’s fee (First Canadian Mortgage Corporation v. Djukic)

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

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

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