Blog

Blog

25 Nov

Defamatory statements made in a pleading are immune to attack

Friday, November 25, 2022Stephen A. ThieleLitigationDefences, Torts, Defamation, Absolute Privilege

SHARE:

The law of defamation permits a defendant to raise specialized defences to defeat a claim. The most common defences are...

Read the full post, click here.

25 Nov

Court declines to intervene in dispute over governance of not-for-profit clubs

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

SHARE:

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

Read the full post, click here.

21 Nov

Amendments to professional negligence claim denied following tardy expert report

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

SHARE:

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

Read the full post, click here.

18 Nov

Home owner obtains certificate of pending litigation to stop power of sale

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

SHARE:

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

Read the full post, click here.

18 Nov

Damages in a defamation action

Friday, November 18, 2022Stephen A. ThieleLitigationDamages, Torts, Defamation

SHARE:

Reputational harm is serious. It can have devastating impacts on the person whose reputation has...

Read the full post, click here.

15 Nov

Female mining executive’s defamation claim against government employee allowed to proceed

Tuesday, November 15, 2022Stephen A. ThieleLitigationTorts, SLAPP, Defamation

SHARE:

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...

Read the full post, click here.

15 Nov

In-house lawyer breached fiduciary obligations by negotiating self-interested agreements

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

SHARE:

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

Read the full post, click here.

10 Nov

Therapists not personally liable for debts of bankrupt sports medicine clinic

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

SHARE:

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

Read the full post, click here.

9 Nov

Limitation Period bars claim for breach of Assignment of Agreement of Purchase and Sale

Wednesday, November 9, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Limitation Periods, Limitations Act, 2002

SHARE:

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

Read the full post, click here.

7 Nov

Summons issued against Premier Ford valid but unenforceable because of parliamentary privilege

Monday, November 7, 2022Stephen A. ThieleLitigationPolitical Law, Public Inquiries, Summons, Parliamentary Privilege

SHARE:

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...

Read the full post, click here.

4 Nov

Nephew not entitled to verbal life interest in aunt’s property

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

SHARE:

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

Read the full post, click here.

2 Nov

75-day house arrest ordered for contempt in a defamation case

Wednesday, November 2, 2022Stephen A. ThieleLitigationTorts, Contempt of Court, Defamation

SHARE:

In a previous blog dated June 30, 2022, my colleague James Cook wrote about the award granted to a university....

Read the full post, click here.

1 Nov

Anonymization and sealing requests in Ontario civil proceedings

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

SHARE:

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

Read the full post, click here.

31 Oct

Commission not owing to agent under conditional agreement of purchase and sale

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

SHARE:

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

Read the full post, click here.

27 Oct

Negligence claim against lawyer who obtained restraining order against a non-party dismissed

Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationNegligence, Professional Liability, Duty of Care, Non-client

SHARE:

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...

Read the full post, click here.

26 Oct

Defamation claim defeated as the statements were substantially true

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

SHARE:

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

Read the full post, click here.

24 Oct

Business founder required to disgorge profits from competing powder-coating business

Monday, October 24, 2022James R.G. CookLitigationFiduciary Duties, Licensing Agreements

SHARE:

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

Read the full post, click here.

21 Oct

City Councillor’s disclosure of confidential material to own lawyer breaches Code of Conduct

Friday, October 21, 2022Stephen A. ThieleLitigationPolitical Law, Member of Council, Breach, Code of Conduct

SHARE:

In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective...

Read the full post, click here.

21 Oct

Broad discovery and social media disclosure affirmed in Muzzo ats Neville-Lake

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

SHARE:

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

Read the full post, click here.

17 Oct

Pro-life group’s defamation claim against “online protestor” allowed to proceed

Monday, October 17, 2022Stephen A. ThieleLitigationSocial Media, Courts of Justice Act

SHARE:

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...

Read the full post, click here.

11 Oct

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

SHARE:

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...

Read the full post, click here.

29 Aug

Lawyer’s defamation action allowed to proceed in Small Claims Court

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

SHARE:

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

Read the full post, click here.

19 Aug

Doctrine of buyer beware bars claim for foundation issues raised by home inspection

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

SHARE:

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

Read the full post, click here.

8 Aug

Richmond Hill Councillor’s lawsuit is SLAPPed

Monday, August 8, 2022Stephen A. ThieleLitigation

SHARE:

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

Read the full post, click here.

4 Aug

Inadvertent disclosure and improper use of privileged communications

Thursday, August 4, 2022Stephen A. Thiele, Gavin J. Tighe, James R.G. CookLitigationRules of Professional Conduct

SHARE:

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...

Read the full post, click here.

3 Aug

Conspiracy claim against lawyers dismissed

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

SHARE:

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...

Read the full post, click here.

2 Aug

Lawyer not liable for client’s payment of foreign buyer’s tax on North Vancouver property

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

SHARE:

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

Read the full post, click here.

29 Jul

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

SHARE:

In the past few months, I have written a number of blogs about court decisions involving City Councillors. The courts and other processes...

Read the full post, click here.

25 Jul

Witnesses intimidated and conspiracy alleged while trying to conceal marriage

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

SHARE:

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

Read the full post, click here.

20 Jul

Power of sale restored by Court of Appeal under “safe harbour protections”

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

SHARE:

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

Read the full post, click here.

Subscribe Now