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Blog
Defendants succeed in getting security for costs despite plaintiffs’ action not being frivolous (Walker v. Smith)
Friday, August 14, 2026Stephen A. ThieleLitigationCivil Procedure, Costs, Security for Costs
Under rule 56 of the Rules of Civil Procedure, a defendant can seek an order for security of costs against a plaintiff in certain limited circumstances...
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Mortgages, Powers of Sale and Certificates of Pending Litigation
Thursday, August 13, 2026Daniel KuhnreichReal Estate, LitigationMortgage, Power of Sale
A Certificate of Pending Litigation (CPL) is a common remedy used by a party claiming an interest in real property. Once registered on title, a CPL puts prospective purchasers and other parties dealing with the property on notice that an interest in the property is being claimed adverse to the registered owner...
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Buyer’s alleged “Family and Friends Deal” with builder ordered for new trial (Curridor v. Millstone Homes Inc.)
Wednesday, August 12, 2026James R.G. CookLitigationBuyer, Owner, Property
Sometimes deals are too good to be true. In Curridor v. Millstone Homes Inc., 2026 ONCA 571, a buyer claimed that he was entitled to buy a newly built property in Komoka, Ontario from a builder for the cost of construction under a special “friends and family deal.”..
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Democracy organization wins right to judicially review ethics Commissioner report (Democracy Watch v. Canada (Attorney General))
Monday, August 10, 2026Stephen A. ThieleLitigationConstitutional Law , Superior courts , Judicial review, Rule of law
The rule of law underpins western democracies...
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Court of Appeal sets aside contempt of court finding against professional association (Association of Architectural Technologists of Ontario v. Ontario Association of Architects)
Friday, July 31, 2026Stephen A. ThieleLitigationCivil Procedure, Orders, Civil contempt
Court orders are meant to be followed; otherwise justice and rule of law will be undermined...
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Lawyer receives 6-month suspension for misuse of artificial intelligence (Law Society of Ontario v. Lee)
Friday, July 24, 2026Stephen A. ThieleLitigationProfessional occupations , Lawyers, Discipline, Penalty , Misuse of artificial intelligence
The misuse of artificial intelligence by litigants and lawyers continues to be alarming...
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Transfer by corporate property owner not a fraudulent instrument (2628793 Ontario Corporation v. Stolp)
Wednesday, July 22, 2026James R.G. CookLitigationProperty, Owner, Land Titles Act
Under the Ontario Land Titles Act (the “LTA”), a transfer of property may be removed from title if it is determined to be a “fraudulent instrument”...
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Lights, Camera Infractions: A Review of Ontario’s Automatic Enforcement System Offence Regime, the Risks to Commercial Vehicle Carriers and How Operators Can Protect Themselves
Thursday, July 2, 2026Carole McAfee Wallace, Tyler O’HenlyLitigationTransportation & Logistics
For commercial vehicle carriers in Canada and the USA, day-to-day operations are more challenging than ever...
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MASS Code Takes Effect July 1, 2026
Thursday, July 2, 2026Rui FernandesLitigationTransportation & Logistics
The International Maritime Organization (“IMO”) adopted a new International Code of Safety for Maritime Autonomous Surface Ships (“MASS Code”) (MSC 111/5/3) in May 2026, marking a major regulatory milestone for autonomous shipping....
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Freight Brokers and Risk Management in the Post-Montgomery World
Thursday, July 2, 2026M. Gordon HearnLitigationTransportation & Logistics
The United States Supreme Court’s decision in Montgomery v. Caribe Transport II, LLC (“Montgomery”) in May of this year has confirmed that “state law” negligence claims may be brought against freight brokers for hiring unsafe motor carriers in connection with vehicle accidents in interstate commerce...
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The Clock Starts at Termination: Lessons from Pascuet v. Sky Service F.B.O. Inc.
Thursday, July 2, 2026Mason KohnLitigationTransportation & Logistics
The decision of Pascuet v. Sky Service, 2025 ONSC 6143 (CanLII) (“Pascuet”) is a noteworthy ruling from the Ontario Superior Court of Justice, which reaffirmed the well-established principle that the doctrine of discoverability does not entitle a claimant to postpone the commencement of an action beyond what a reasonable assessment of the known facts will support....
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Canada Introduces Bill C-35: The Ban on Importing Goods Made with Forced Labour Act
Thursday, July 2, 2026Rui FernandesLitigationTransportation & Logistics
On June 12, 2026, the Canadian government introduced Bill C-35, formally titled the Ban on Importing Goods Made with Forced Labour Act, in the House of Commons...
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Law firm not disqualified from acting against former executive of corporate client (Piikani Nation v McMullen)
Friday, June 26, 2026James R.G. CookLitigationDuty of Loyalty
Due to their duty of loyalty, lawyers may not act in matters which are adverse to current clients. The duty of loyalty generally extends to matters which are adverse to former clients if there is the potential...
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The “Costs” of Cutting Corners with AI: Mazaheri v Law Society of Ontario
Friday, June 26, 2026Stephen A. ThieleLitigationDiscipline, Costs, Professions, Misuse of Artificial Intelligence, Misuse of AI
As artificial intelligence (“AI”) tools become more sophisticated and accessible, their use continues to expand across virtually every aspect of modern life. AI-powered tools now have the ability to...
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Costs ordered against self-represented litigants who agreed to timetable and failed to comply (Erkman v. Perry)
Thursday, June 25, 2026Isabel Yoo, Michael LauricellaLitigationCosts, Self-Represented Litigants
Litigants who are unresponsive, fail to attend court appearances, or do not diligently pursue their...
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Federal bill aimed at strengthening privacy rights of Canadians and protecting children’s data
Friday, June 19, 2026Isabel YooLitigationPrivacy, Federal Bill, Legislation
On June 15, 2026, the Government of Canada tabled Bill C-36, the Protecting Privacy and Consumer Data Act (“PPCDA”), to modernize Canada’s private sector privacy law...
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All lawyers in action removed from the record for misuse of AI (Withers v. Aberdeen (City))
Thursday, June 11, 2026Stephen A. ThieleLitigationLegal Research , Artificial Intelligence, Hallucinated cases , Court sanctions
“[i]f it were ever an excuse to plead ignorance of the risks of using generative AI to draft a brief without verifying its output, it is certainly no longer so...”
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Lawyer who is necessary witness at trial removed from the record (Bahrami v. Jagtoo)
Tuesday, June 9, 2026Chris Junior, Isabel Yoo, Michael LauricellaLitigationRemoval from the record, Witness
Canadian law recognizes the fundamental importance of a litigant’s right to counsel of their choice and the principle that a litigant should not be deprived of their choice of counsel, absent good cause...
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Lawn mower incident leads to civil assault damages against neighbour (Frederick v. Spence)
Friday, June 5, 2026James R.G. CookLitigationCivil Assault, Damages
In a recent decision arising from a years-long dispute between neighbours, the trial judge commented that living near other people requires civility, which is the key to the peaceful enjoyment of properties, and that everyone has a role to play...
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A message to (young) lawyers: Artificial intelligence is not your “magic toolbox” (Cork v. Smith)
Monday, June 1, 2026Stephen A. ThieleLitigationLegal Research , Artificial Intelligence, Warnings
As I near the 35th anniversary of my Call to the Bar of Ontario, I struggle with the proper role that artificial intelligence should play in the legal research plan...
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A Significant Win for Victims of Intimate Partner Violence (Ahluwalia v. Ahluwalia)
Thursday, May 28, 2026Stephen A. ThieleLitigationFamily Law, Torts, Intimate Partner Violence
The law does not remain static. Governments enact new statutes or amend existing statutes in response to changing circumstances...
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Lawyer not removed from record despite failure to promptly disclose receipt of privileged settlement information (Candido v Bramview Holdings Inc.)
Friday, May 8, 2026James R.G. CookLitigationDisclose, Receipt, Settlement
During the course of litigation, lawyers sometimes receive documents that were mistakenly sent or produced by opposing parties which contain privileged information...
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Caught in the Middle - Court of Appeal affirms low threshold to interplead funds (Tacora Resources Inc. v 1128349 B.C. Ltd.)
Friday, May 1, 2026James R.G. CookLitigationFunds, Court of Appeal
Lawyers, brokerages, trustees, and other parties may sometimes find themselves holding funds that they do not want while others fight over who is entitled to them...
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Complaint about Orthodox Priest meets public interest threshold for anti-SLAPP motion (Rajic v. MacDonald)
Friday, April 24, 2026James R.G. CookLitigationAnti-SLAPP, Complaints
The initial threshold of a motion to dismiss an action under Ontario’s anti‑SLAPP legislation is whether the proceeding arises from an expression relating to a matter of public interest...
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Intentional misrepresentation of academic qualifications is just cause for dismissal (Tudor v. Accurate Screening Ltd.)
Friday, April 24, 2026Stephen A. ThieleLitigation, Employment LawTermination, Just cause, Dishonesty
Strong relationships are built on core values such as honesty and trust...
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Use of AI-hallucinated cases results in $100K in penalties and dismissal of action (Couvrette v. Wisnovsky)
Monday, April 13, 2026Stephen A. ThieleLitigationCivil Procedure, Costs, Personal costs against lawyers , Misuse of AI
[C]hatbots, including legal ‘AI’ chatbots, are large-language models (LLMs), not a true ‘artificial intelligence’ out of the pages of science fiction...
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The Strait of Hormuz and “End of Voyage” Declarations: Legal Boundaries on Cargo Diversion and Cost Shifting
Thursday, April 9, 2026Andrea FernandesLitigationTransportation & Logistics
The Strait of Hormuz has once again become a focal point of geopolitical risk...
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Federal Court of Appeal Upholds WestJet Employee Termination Over Vaccine Policy
Thursday, April 9, 2026Rui FernandesLitigationTransportation & Logistics
A recent Federal Court of Appeal decision...
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A Carrier’s Knowledge is the Key to Consequential Losses in Cargo Claims
Thursday, April 9, 2026Conal CalvertLitigationTransportation & Logistics
Motor carriers will be intimately familiar with the limits of liability for cargo damage and loss...
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Riparian Rights and Waterfront Access on the Pitt River
Thursday, April 9, 2026Rui FernandesLitigationTransportation & Logistics
A recent British Columbia Supreme Court decision (Mackenzie v. Harken Towing Co. Ltd., 2025 BCSC 2493) addresses a long-standing and increasingly common issue in waterfront property law: whether man-made changes to shoreline land can extinguish riparian rights...
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