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Security for costs victories
Monday, August 19, 2024Stephen A. Thiele, Anna Husa, Howard Wolch, James Beesley, Isabel YooLitigationCivil Procedure, Security for Costs
Under rule 56.01 of the Rules of Civil Procedure, a defendant can protect themselves against the costs of a legal proceeding by seeking an order that the...
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Province free to redevelop Ontario Place (Ontario Place Protectors v. HMTK in Right of Ontario)
Friday, August 16, 2024Stephen A. ThieleLitigationCivil Procedure, Standings, Actions against government
The actions of a government are not immune from litigation before the courts, particularly where Constitutional or Charter rights are in issue. Although courts are...
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Court declines to order production of years of text messages between plaintiff and late spouse (Howell, McDonnell v. Freire, Aviva Insurance, Echelon Insurance)
Thursday, February 1, 2024Isabel YooLitigationCivil Procedure, Rules of Civil Procedure, Discovery
In Howell, McDonnell v. Freire, Aviva Insurance, Echelon Insurance, 2024 ONSC 586, the...
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Lawyers Should be Prepared at Case Conferences (Think Research Corp. v. N & M Medical Enterprises)
Monday, January 22, 2024Stephen A. ThieleLitigationCivil Procedure, Powers, Judges and Courts, Case Conferences
The backlog of cases in Ontario’s civil justice system has, for some time, raised alarms about the health of this important democratic institution and...
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City Councillor not an employee of City (Ras v. Mississauga (City))
Tuesday, January 9, 2024Stephen A. ThieleLitigationPolitical Law, Municipal Councillors, Civil Procedure, Status, Motion to Strike, No Reasonable Cause of Action
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Challenge to validity of Mayor Chow’s election dismissed (Clarke v. Toronto (City))
Tuesday, November 21, 2023Stephen A. ThieleLitigationCivil Procedure, Frivolous or vexatious proceedings, Dismissal and Political law, Elections, Validity
Not every election is necessarily final after the ballots are counted on election night. Sometimes, the margin of victory is extremely close and...
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Ontario action against national law firm stayed in favour of Alberta
Friday, June 23, 2023Stephen A. Thiele, Gavin J. Tighe, K.C., Allison FarleyLitigationCivil Procedure, Stay of Proceedings, Forum Selection Clause, Forum Non Conveniens
A plaintiff has the right to commence a proceeding in a jurisdiction of their choosing. However, this right is not absolute. Where the issues in the proceeding are...
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Another negligence claim against lawyer dismissed for being a collateral attack
Thursday, June 1, 2023Stephen A. Thiele, Gavin J. Tighe, K.C., Kevin MooibroekLitigationCivil Procedure, Dismissal of Action, Collateral Attack
Unless a decision is overturned on an appeal, the issues decided therein have been finally determined. In general, a party impacted by a final decision...
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"Sugar Daddy's" $226 million action against "Sugar Baby" dismissed
Friday, February 10, 2023Stephen A. ThieleLitigationSummary Judgment, Civil Procedure, Limitation Periods
Technology has expanded the ability of people to meet others who they otherwise may have never met in a purely paper-based world. Indeed, entrepreneurs have...
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Lack of standing prevents challenge to COVID-19 restrictions
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...
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The judicial rant heard around the legal profession: a legal research lesson
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...
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Freelance Consultants Not Bound by Non-Competition Agreement
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...
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