Thursday, October 21, 2021Stephen A. ThieleLitigationTorts, Defamation, 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... 

Read the full post, click here.

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

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

Thursday, October 7, 2021James R.G. CookLitigationAnti-SLAPP Legislation, Rules of Civil Procedure, Courts of Justice Act, Online Review

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

Read the full post, click here.

Monday, October 4, 2021Stephen A. Thiele, Gavin J. Tighe, James R.G. CookLitigationSupreme Court of Canada, Toronto Politics, City Councillors

In Canada’s recent federal election, voters demonstrated a passion for democracy and were willing to stand in long line-ups to exercise their... 

Read the full post, click here.

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...

Read the full post, click here.

Thursday, September 30, 2021Stephen A. Thiele, Kenneth JullLitigationConservation Authorities Act, Conservation Authority

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...

Read the full post, click here.

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

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...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

Tuesday, August 3, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale

After an Agreement of Purchase and Sale (APS) is signed and a deposit is paid it may be weeks or months before the scheduled completion date. In the case of new properties under construction, it could be...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

Thursday, July 22, 2021Stephen A. Thiele, James R.G. CookLitigationHockey, Sports Law, Torts

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

Read the full post, click here.

Tuesday, July 13, 2021Stephen A. ThieleLitigationPolitical Law, City Councillors, Integrity Complaints

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

Tuesday, June 15, 2021Stephen A. ThieleLitigationPolitical Law, Scope, 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...

Read the full post, click here.

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

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

Read the full post, click here.

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.

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

Friday, June 4, 2021James R.G. CookLitigation, Real EstateGTA 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...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

Monday, May 31, 2021Kenneth JullLitigation, Bankruptcy and InsolvencyBankruptcy, Bankruptcy and Insolvency Act, Administrative Monetary Penalty

Allegations of criminal or regulatory violations are often made in the civil and administrative law world. A securities broker may be alleged to have defrauded investors by making false statements regarding the use of...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

Wednesday, May 26, 2021Kenneth Jull, Ian SpiegelLitigationSnow Washing, Money Laundering

For several years, the Canadian government has begun to focus on “snow washing”, the purifying of illegitimate funds through using shell corporations to launder money...

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

Tuesday, May 25, 2021Lad KucisHealth Law, LitigationOntario College of Pharmacists, College of Dental Hygienists of Ontario, College of Psychologists of Ontario, College of Chiropractors of Ontario

Over the past few months, certain health professions colleges, including the College of Chiropractors of Ontario, the College of Psychologists of Ontario and the College of Dental Hygienists of Ontario, have...

Read the full post, click here.

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...

Read the full post, click here.

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 15^th) an estimated crowd of...

Read the full post, click here.

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,...

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

Tuesday, April 27, 2021James R.G. CookLitigation, Real EstateGTA Real Estate, Mississauga, 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... 

Read the full post, click here.

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.

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

Tuesday, April 13, 2021Lad KucisLitigation, Health LawHealthcare, Disciplinary Hearing

Historically, the names of parties in complaint reviews before the Health Professions Appeal and Review Board (HPARB) were not included on the version of the Decision and Reasons made available...

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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... 

Read the full post, click here.

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

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

Read the full post, click here.

Thursday, March 11, 2021James R.G. CookLitigationHate Speech

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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... 

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

Tuesday, February 23, 2021Gavin J. Tighe, James R.G. CookLitigationFrustration, COVID-19

At the time of this writing, it has been almost a year since civil litigation was routinely conducted in a physical courtroom. While parties and their...

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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... 

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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... 

Read the full post, click here.

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...

Read the full post, click here.

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... 

Read the full post, click here.

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

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

Read the full post, click here.

Thursday, January 28, 2021Stephen A. Thiele, Gavin J. Tighe, Rojin JazayeriLitigationDefamation, Political Law, Police Services Act, Members’ Integrity Act, Courts of Justice Act

Early last year, the Premier of Ontario, Doug Ford, in a highly sensationalized lawsuit was sued for defamation by a former Deputy Commissioner and... 

Read the full post, click here.

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

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

Read the full post, click here.

Wednesday, January 27, 2021Stephen A. ThieleLitigationDefamation, Political Law, 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...

Read the full post, click here.

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

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

Read the full post, click here.

Monday, January 25, 2021Stephen A. ThieleLitigationTorts, Defences, Defamation, Political Law

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...

Read the full post, click here.

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

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

Read the full post, click here.

Wednesday, January 20, 2021Stephen A. ThieleLitigationDefamation, Defences

Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

Friday, January 15, 2021Stephen A. ThieleLitigationEvidence, Political Law, 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...

Read the full post, click here.

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

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

Read the full post, click here.

Wednesday, January 13, 2021Soma Ray-EllisLitigation, Employment LawCOVID-19, Ontario, Child Care and Early Years Act, Emergency Management and Civil Protection Act

The Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, has responded to the unsettling levels of mobility in the province and has declared a second provincial emergency under...

Read the full post, click here.

Friday, January 8, 2021Stephen A. ThieleLitigationCivil Litigation, Evidence, Witnesses, Political Law, Interprovincial Summonses Act

Despite courts moving to electronic hearings whereby theoretically a witness could appear virtually from anywhere...

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

Thursday, December 24, 2020Stephen A. ThieleLitigation, Election Law, Public Law, Political Law

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 a contested election application by applying a...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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...

Read the full post, click here.

Tuesday, December 15, 2020Jonathan James NehmetallahLitigation, Municipal LawConservation Authorities Act, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures) 2020, LPAT: Local Planning Appeal Tribunal, Conservation Authority

Ontario has 36 conservation authorities that act as community-based management agencies who undertake watershed-based programs to protect the community from...

Read the full post, click here.

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... 

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

Friday, December 11, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Employer, Employee, Employment Agreements, Ontario, Human Rights Code, Occupational Health and Safety Act

If 2020 has felt like a horror movie, the COVID-19 vaccine is the highly anticipated final act. Now with the vaccine’s...

Read the full post, click here.

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...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

Monday, November 2, 2020James R.G. CookLitigationDefences, Ringette, Coaching, Defamation

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

Read the full post, click here.

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

Potential harm to a hotel’s online reputation for providing a quiet night’s sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour. In JJ’s Hospitality v. Kal Tire, 2020 ONSC 6198 (CanLII), a hotel in...

Read the full post, click here.

Tuesday, October 27, 2020Lad KucisLitigation, Health LawOntario Government, Retirement Homes , Pharmacy, Long-term Care Homes, Ministry of Health

Effective January 1, 2020, the Government of Ontario announced significant changes to the way that pharmacies are paid for services provided to long-term care (LTC) home residents, as set out in...

Read the full post, click here.

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

In Bilotta v. Booth, 2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...

Read the full post, click here.

Wednesday, October 21, 2020Lad KucisLitigation, Health LawCOVID-19, Retirement Homes , Bill 218, Supporting Ontario’s Recovery Act, 2020

On October 20, 2020, the Ontario Government introduced Bill 218, Supporting Ontario’s Recovery Act, 2020, which if passed, would...

Read the full post, click here.

Tuesday, October 20, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Damages

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

Read the full post, click here.

Wednesday, October 14, 2020James R.G. CookLitigation, Real EstateFlooding, Termination, Damages

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

In Niu v. Cao, 2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning...

Read the full post, click here.

Monday, September 21, 2020Stephen A. Thiele, James R.G. CookLitigation, Bankruptcy and Insolvency, Insolvency law, Insurance ActCOVID-19, Ontario, Business Interruption Loss Policy, Ontario Business Loss Coverage Litigation, Prevention of Access Clauses , Disease Clauses, Financial Conduct Authority

The COVID-19 pandemic has caused a significant slowdown in many sectors of the economy, forcing businesses to either seek creditor protection or...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

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

In Forest Hill Homes (Cornell Rouge) Limited v. Wei, 2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada’s recent review of the...

Read the full post, click here.

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

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

Read the full post, click here.

Monday, June 29, 2020John A. Campion, Jonathan James NehmetallahLitigation, Employment Law, Employment Standards ActSupreme Court of Canada, Uber, Employment Agreements

On June 26, 2020, the Supreme Court of Canada released its decision on Uber Technologies Inc. v Heller regarding the enforceability of mandatory arbitration clauses in an employment agreement and whether that could...

Read the full post, click here.

Friday, June 19, 2020Stephen A. Thiele, Gavin J. TigheLitigationBill 192 - Protecting Small Business Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Tenancies Act, Commercial Landlord, COVID-19, Ontario Government

In the wake of the COVID-19 pandemic, governments around the world have implemented physical distancing measures to “flatten the curve”. 

Read the full post, click here.

Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, Rojin JazayeriLitigationRules of Professional Conduct, Small Claims Court, Short Motions

As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.

Read the full post, click here.

Wednesday, June 3, 2020Kenneth JullLitigation, Competition ActCompliance, Advertising, Administrative Monetary Penalty

On May 19, 2020 the Competition Bureau announced that Facebook Inc. will pay a $9 million administrative monetary penalty (“AMP”), and an additional $500,000 for the costs of the Bureau’s investigation, after...

Read the full post, click here.

Thursday, May 7, 2020Stephen A. Thiele, Gavin J. TigheLitigationCOVID-19, Ontario Government, Ontario, State of Emergency

With Victoria Day a little more than a week away and people experiencing a growing urge to return to pre-COVID-19 routines, many governments, including the Ontario government, have...

Read the full post, click here.

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

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

Read the full post, click here.

Tuesday, April 21, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Termination, Employment Agreements, Employee, Employer, Employment Standards Amendment Act, State of Emergency

Canada lost a staggering million plus jobs in the month of March. The International Labour Organization has said based on current statistical information, 1.25 billion workers or 38% of the Global Workforce may face workplace displacement as a result of the COVID-19 pandemic. 

Read the full post, click here.

Wednesday, April 8, 2020Soma Ray-EllisLitigation, Employment LawCanada Emergency Wage Subsidy, Not-for-Profit/Charities, COVID-19

On April 8, 2020, the federal government announced that it was making a significant change to the Canada Emergency Wage Subsidy program that it had previously announced on March 30, 2020.

Read the full post, click here.

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

Read the full post, click here.

Monday, April 6, 2020Soma Ray-EllisLitigationCOVID-19, Workplace Safety and Insurance Board (WSIB), Employer, Employee, Employment Agreements, Employment Standards Amendment Act

The global spread of COVID-19 has impacted employers and employees across the globe, and Canada is no exception. Soma Ray-Ellis, Chair – Employment and Labour Law Group has prepared the ten most relevant questions that employers and employees need to understand in this COVID-19 work reality we now find ourselves in.

Read the full post, click here.

Saturday, April 4, 2020Stephen A. ThieleLitigationCOVID-19, Ontario, 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.

Read the full post, click here.

Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCOVID-19, Compliance, Frustration, Force Majeure, Contract Law

In these times of global health uncertainty and economic troubles it is tempting to jump to the “frustration of contract” conclusion. While we acknowledge that it is tempting to see the current economic trouble as frustrating the performance of contract there are a number of factors that must be considered when...

Read the full post, click here.

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.

Read the full post, click here.

Friday, March 20, 2020Soma Ray-EllisEmployment Law, Employment Standards Act, LitigationEmployment Agreements, Ontario, Safety, Wrongful Dismissal, COVID-19, Coronavirus, Infectious Diseases, Infectious Diseases Emergencies, Ontario Government, Bill 186

On March 19, 2020, the Ontario Government introduced the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, which amends the Employment Standards Act, 2000, to protect the jobs of employees who...

Read the full post, click here.

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

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

Read the full post, click here.

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

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

Read the full post, click here.

Wednesday, January 22, 2020Lad KucisHealth Law, LitigationCollege of Veterinarians of Ontario, Veterinarians, Disciplinary Hearing, Complaints

As legal counsel for veterinarians, we are regularly asked questions about the complaints process before the College of Veterinarians of Ontario (the “College”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential...

Read the full post, click here.

Wednesday, October 23, 2019Lad KucisHealth Law, LitigationComplaints, Disciplinary Hearing, Massage Therapists

As legal counsel for registered massage therapists, we are regularly asked questions about the complaints process before the College of Massage Therapists of Ontario (the “College”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...

Read the full post, click here.

Thursday, October 3, 2019Lad KucisLitigation, Health LawComplaints, Disciplinary Hearing, Compliance, Inquiries, Complaints and Report Committee

As legal counsel for audiologists and speech-language pathologists, we are regularly asked questions about the complaints process before the College of Audiologists and Speech-Language Pathologists of Ontario (“CASLPO”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information...

Read the full post, click here.

Tuesday, September 17, 2019Lad KucisLitigation, Health LawComplaints

As legal counsel for optometrists, we are regularly asked questions about the complaints process before the College of Optometrists of Ontario (the “College”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...

Read the full post, click here.

Tuesday, September 10, 2019Lad KucisLitigation, Health LawHealthcare, Complaints

It is the long-standing practice of the Health Professions and Appeal Board (HPARB) to identify parties by their...

Read the full post, click here.

Wednesday, September 4, 2019Lad KucisLitigation, Health LawComplaints, Healthcare, College of Psychologists of Ontario, Disciplinary Hearing

As legal counsel for psychologists, we are regularly asked questions about the complaints process before the College of Psychologists of Ontario (“CPO”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...

Read the full post, click here.

Monday, August 26, 2019Lad KucisHealth Law, LitigationComplaints, Compliance, Royal College of Dental Surgeons

As legal counsel for dentists, we are routinely asked questions about the complaints process before the Royal College of Dental Surgeons of Ontario (“RCDSO”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the...

Read the full post, click here.

Wednesday, August 21, 2019Lad KucisLitigation, Health LawDisciplinary Hearing, Ontario College of Pharmacists, Pharmacy

As legal counsel for pharmacists, we are regularly asked questions about the complaints process before the Ontario College of Pharmacists (“OCP”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that pharmacists need to know.

Read the full post, click here.

Tuesday, August 13, 2019Lad KucisLitigation, Health LawCollege of Dental Hygienists of Ontario, Complaints, Dental Hygienists, Inquiries, Complaints and Report Committee, Disciplinary Hearing, Ontario

As legal counsel for dental hygienists, we are often asked questions about what happens when a dental hygienist is referred to the Discipline Committee of the College of Dental Hygienists of Ontario (the “CDHO”).

The following is the essential information that dental hygienists need to know about...

Read the full post, click here.

Friday, July 26, 2019Kenneth Jull, Jonathan James NehmetallahCannabis, LitigationCannabis Laws, Compliance, Marijuana

Health Canada is investigating CannTrust for growing over ten thousand kilograms of cannabis in unlicensed rooms between October, 2018 and March, 2019. The Globe and Mail reported this week that...

Read the full post, click here.

Monday, July 22, 2019Lad KucisHealth Law, Litigation

On June 8, 2019, the Financial Services Regulatory Authority of Ontario (“FSRA”) came into existence, replacing the Financial Services Commission of Ontario (“FSCO”) and the Deposit Insurance Corporation of Ontario (“DICO”).

Among its various tasks, FSRA will be responsible for...

Read the full post, click here.

Tuesday, November 20, 2018Jonathan James NehmetallahLitigation, Municipal LawMarijuana, Cannabis Laws

Now that the production and sale of cannabis is legal, individuals and corporations should pay close attention to zoning by-laws within their respective municipality when...

Read the full post, click here.

Monday, November 12, 2018Litigation, Bankruptcy and InsolvencyExcise Tax Act, HST, GST

Callidus Capital has struck back against what some call the evil empire aka CRA. In a unanimous decision on November 8th the Supreme Court of Canada allowed...

Read the full post, click here.

Tuesday, October 2, 2018Jonathan James NehmetallahLitigation, CannabisAlcohol and Gaming Commission of Ontario, Compliance, Ontario Cannabis Retail Corporation, Marijuana, Cannabis Laws, Ontario

On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018 (the “Act”). The Act contains four schedules and...

Read the full post, click here.

Thursday, September 27, 2018Jonathan James NehmetallahLitigation, CannabisMarijuana, Ontario, Liquor Control Board of Ontario, Alcohol and Gaming Commission of Ontario, Ontario Cannabis Retail Corporation, Compliance

On September 26, 2018 Attorney General and the Minister of Finance released highly anticipated information regarding the proposed legislation on private cannabis...

Read the full post, click here.

Thursday, July 19, 2018Litigation, Construction LawConstruction , Education, Liens, Building

Sweeping reforms to the Construction Lien Act received Royal Assent in December 2017. The law of construction liens and payments has been modernized and updated and a...

Read the full post, click here.