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Blog
Real Estate Agent’s Defamation Claim Survives Anti-SLAPP Motion
Thursday, May 25, 2023James R.G. CookLitigation, Real EstateDefamation, Online Reviews, Anti-SLAPP Legislation, 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...
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Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions
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...
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Fence Dispute Leads to $70,000 Defamation Judgment
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...
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Lake access easements should be carefully scrutinized prior to purchase
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...
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Buyer's Claim for Lost Value Damages of a Residential Subdivision Home
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...
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Unconscionability in Real Estate Transactions Post-Uber
Monday, August 31, 2020James R.G. CookLitigation, Real EstateToronto, Contract Law, Irrevocability Clause
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...
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Property Disputes during a Pandemic
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...
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Zombie Deed Sparks Reoccurring Legal Debate
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...
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Dispute Over Outhouse Clogs Up The Courts: Armstrong v. Moore
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...
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Check Before You Rent
Wednesday, December 14, 2016Stephen A. ThieleReal Estate, LitigationCondominium, Rental Property, Tenant
With Toronto still in the middle of a condominium boom and more people buying condominium units for investment purposes, particularly for short-term rentals, it is important to review both the...
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