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13 Jun

Director personally liable for corporation’s operating line but not Visa account (RBC v. 1108135 Ontario Inc.)

Friday, June 13, 2025James R.G. CookLitigationLiability, Operating Line

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In many cases where a small corporation borrows money, the lender will seek a personal commitment from the corporation’s owner to repay the debt, whether by way of a guarantee contained in the loan agreement or otherwise...

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30 May

Defendants liable for costs of $579,000 in $58,000 claim (Gesualdi v. Conti)

Friday, May 30, 2025James R.G. CookLitigationLiability, Claim, Costs

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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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30 Jan

Clear wording of agreement leads to finding of several, not joint nor joint and several liability (SBLR LLP v. Valleymill Investments Ltd., Art Tile Limited, and McCarthy Tetrault LLP)

Thursday, January 30, 2025Isabel Yoo, Michael LauricellaLitigationUmpire Agreement, Dispute, Liability

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In a civil action, where there is more than one defendant, a plaintiff will often seek damages against the defendants on a joint and several basis...

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16 Jan

Potential liability for torts committed in sports (Cox v. Ball)

Thursday, January 16, 2025Stephen A. ThieleLitigation, Sports LawTorts, Sports, Professional Sports, Liability

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Participation in recreational sports is important for many people because it provides them with both positive physical and mental health benefits...

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21 Jun

Elderly widow defeats bank for monies owing on credit card (Royal Bank of Canada v. Smith)

Friday, June 21, 2024Stephen A. ThieleLitigationBanks and banking, Accounts, Credit cards, Liability

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According to data available on the internet, at least 8 out of 10 Canadians either own or use a credit card. Credit cards are obviously convenient financial tools...

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23 May

Limitations of Liability in the Marine Liability Act Exclude Costs and Interest

Thursday, May 23, 2024Kim E. StollLitigationTransportation & Logistics, Maritime Law, Liability, Marine Liability Act, Costs and Interest, Costs, Interest

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It was a long time coming, but there is finally clarity regarding whether the monetary limitations of liability contained in the Marine Liability Act...

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1 Feb

Recreational vehicle liability (Desrochers v. McGinnis)

Thursday, February 1, 2024Stephen A. ThieleLitigationRecreational vehicles, Motor vehicles, Liability, Owner

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Vehicles, such as all-terrain vehicles (“ATV”), Skidoos, Jet Skis and SeaDoos, have both practical and...

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