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Claims struck for litigants’ failure to pay costs (Dunning v. Colliers Macaulay Nicolls; Condoman Developments v. Cannect International Mortgage)
Friday, June 27, 2025James R.G. CookLitigationClaim, Failure to Pay
Perhaps one of the more frustrating aspects of litigation is the inability to collect outstanding funds owing by an adverse party...
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Defendants liable for costs of $579,000 in $58,000 claim (Gesualdi v. Conti)
Friday, May 30, 2025James R.G. CookLitigationLiability, Claim, Costs
Costs in Ontario court proceedings are generally awarded based on principles of success, proportionality, and the reasonable expectations of the parties...
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Plaintiff’s defamation claim against siblings survives Anti-SLAPP motion (The Estate of Colombe Quesnel v. G. Quesnel)
Thursday, April 3, 2025James R.G. CookLitigationDefamation, Claim, Anti-SLAPP Motion
Family feuds can be bitter and nasty...
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Claim for ineffective assistance of counsel dismissed as a collateral attack (Mann v. Royle)
Friday, March 28, 2025James R.G. CookLitigationClaim, Dismissed
In some cases, the doctrines of collateral attack and abuse of process may be invoked to strike a claim where a plaintiff has failed to pursue remedies, such as an appeal, which were available in earlier proceedings...
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Claim struck against individual employee of corporate defendant (Soneri Invest v. Shell Canada)
Friday, March 14, 2025James R.G. CookLitigationClaim, Rules of Civil Procedure
In some claims against corporate defendants, plaintiffs may also seek to include individual representatives or employees as defendants...
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Pleadings struck in $100 million claim due to party's repeated failure to produce relevant documents (Way v. Schembri)
Wednesday, February 19, 2025James R.G. CookLitigationClaim, Appeals, Relevant Documents
In civil litigation, the parties have a fundamental obligation to produce all documents that are in their possession, control or power which are relevant to the issues in dispute...
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