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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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Supreme Court of Canada Provides a Restatement of Principles for Interpreting Exclusions in Insurance Policies
Thursday, April 9, 2026Tyler O’HenlyLitigationTransportation & Logistics
Commercial insurance contracts are a complicated patchwork of policies, endorsements, conditions and exclusions...
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Federally Regulated Employers: Are Your Employment Agreements Still Enforceable?
Thursday, April 9, 2026Saisha MahilLitigationTransportation & Logistics
The Strait of Hormuz has once again become a focal point of geopolitical risk...
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Exchanges with generative AI not protected by privilege (United States of America v. Heppner)
Tuesday, March 31, 2026Stephen A. ThieleLitigationEvidence, Privilege, AI Exchanges
The growing use of generative Artificial Intelligence is undeniable...
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Mortgagee can discharge certificate of pending litigation to enable power of sale (MCAN Home Mortgage Corporation v. Broad)
Monday, March 30, 2026James R.G. CookLitigation, Real EstateMortgage, Power of Sale
Where litigation concerns an interest in land, a party may seek to register a certificate of pending litigation (“CPL”) on title to the property at issue under section 103 of the Courts of Justice Act (the “CJA”)...
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Seller misrepresented right to assign agreement of purchase and sale (Qu v. Wang)
Friday, March 27, 2026James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Misrepresentation
Buyers who agree to purchase a property from a builder may sometimes wish to assign their agreement to another buyer before the transaction has been completed...
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No oral contract between brothers over cottage ownership (Poole v. Poole)
Friday, March 20, 2026James R.G. CookLitigation, Real EstatePartition Act
As distasteful as they may be, a written contract between family members over jointly held property may be a prudent way to avoid...
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Generative AI not immune from potential legal action
Thursday, March 19, 2026Stephen A. ThieleLitigationTorts, Product liability, AI platforms
As the use of generative AI and LLMs continues to grow without much government intervention or regulation worldwide, the...
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Motion for certificate of pending litigation dismissed in assignment dispute (Roopchan v. Abeywardena)
Tuesday, March 17, 2026James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Mississauga, Fraudulent Conveyances Act
Does an assignment agreement give a right to an interest in a property? Under the terms of many assignment agreements, the...
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No reliance on zoning misrepresentation in MLS listing (Mino et al. v. Foster)
Friday, March 6, 2026James R.G. CookLitigationZoning, MLS
The zoning designation of a property may be a relevant consideration for a buyer who is contemplating major renovations after closing...
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Absolute privilege stops lawsuits based on use of intimate video at a case conference (Burns v. Osuji)
Wednesday, February 25, 2026Stephen A. ThieleLitigationAbsolute Privilege, Case Conferences
In the law of defamation, absolute privilege is a complete defence...
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Court removes lawyer from record due to delays and failure to abide by court orders (Al-Hasnawi v. Hamilton (City)
Friday, February 20, 2026James R.G. CookLitigationCourts, Delay
While litigants generally have the right to be represented by counsel of their choosing, there are circumstances where a court will prohibit a lawyer from continuing to act in a matter...
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Landlord Considerations: To Term or to Terminate
Tuesday, February 17, 2026Tamara Katz, Daniel KuhnreichReal Estate, LitigationLandlord, Terminate
On February 18, 2026, the Supreme Court of Canada will hear the appeal of Canada Life Assurance Company v Aphria Inc...
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Defendant ordered to produce documents encompassed by “circle of privilege” (Will Murray & Associates v. Nader Fakih)
Friday, February 6, 2026James R.G. CookLitigationdocuments, circle of privilege
During the course of litigation, parties are generally required by the Ontario Rules of Civil Procedure to produce all documents that are relevant to the issues in dispute...
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Court strikes claim of non-party to mortgage contract against mortgagee and its lawyer (Anthonipillai v. Ghorbankhani)
Friday, February 6, 2026Stephen A. ThieleLitigationMortgage, Contracts
Rule 21 of the Rules of Civil Procedure is a powerful weapon in the arsenal of a defendant...
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New Year, New Rules: Construction Act Amendments Explained
Tuesday, February 3, 2026Tamara Katz, Daniel KuhnreichReal Estate, LitigationConstruction Act, Rules
Several amendments to the Ontario Construction Act (the “Act”) came into force on January 1, 2026, pursuant to Bill 216, Building Ontario For You Act, and Bill 60, Fighting Delays, Building Fact Act...
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Open-court principle takes back seat to serious risk of defendant’s reputational loss (S.L.K. v. A.B.)
Friday, January 23, 2026Stephen A. ThieleLitigationCivil Procedure, Orders, Anonymity
Whether in criminal or civil cases, the courts are often confronted with disturbing scenarios and serious allegations that, if proven, can have devastating negative impacts on an accused or a defendant...
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When “Residential” Is Not Residential: Corporate Tenants, Jurisdiction, and the Limits of the RTA
Friday, January 23, 2026Baruch WiseLitigationReal Estate, Corporate, Tenant, Ontario Landlord and Tenant Board
The Landlord and Tenant Board’s recent decisions in Farooqui v. Toronto Luxury Suites, 2025 ONLTB 46458 and Al-Jabar v. Star International Luxury Suites and Properties Inc., 2026 ONLTB 2375 (not on CanLII) clarify, but do not change, the law governing jurisdiction under the Residential Tenancies Act, 2006 (“RTA”)...
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Lawyer ordered to pay personal costs for using fake AI-generated case law (Reddy v Saroya)
Friday, January 23, 2026James R.G. CookLitigationAI
In an avoidable yet perhaps inevitable decision, a Canadian court has imposed personal costs against a lawyer for using AI-generated submissions in materials filed with the court: Reddy v Saroya, 2026 ABCA 20 (CanLII)...
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CN Failure to Meet Service Obligations under the Canada Transportation Act Results in Multimillion Damages for Lost Profits and Vessel Demurrage
Friday, January 2, 2026Rui FernandesLitigationTransportation & Logistics, Damages, Vessel Demurrage
In the recent decision of the Federal Court of Canada in Louis Dreyfus Company Canada ULC v. Canadian National Railway Company, 2025 FC 1868, the court was asked to determine the damages resulting from CN’s breach of its service obligations pursuant to section 116(5) of the Canada Transportation Act, S.C. 1996, c 10 (the “Act”)...
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Looking Ahead to 2026: Freight Brokers, Motor Carrier Casualty Claims and the United States Supreme Court
Friday, January 2, 2026M. Gordon HearnLitigationTransportation & Logistics, Freight, Claim
The United States Supreme Court does not usually rule on transportation cases...
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Proposed New Requirements for Lithium-Ion Batteries in Consumer Products
Friday, January 2, 2026Rui FernandesLitigationTransportation & Logistics, Lithium-Ion Batteries
Health Canada has published a Notice of Intent regarding proposed regulations for lithium-ion batteries and consumer products containing lithium-ion batteries (under the Canada Consumer Product Safety Act (“CCPSA”))...
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