Thursday, May 25, 2023James R.G. CookLitigationEasement, Ontario Court of Appeal

There is a high threshold for establishing a prescriptive easement because courts are generally hesitant to “permit a landowner's neighbourly accommodation ...

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Monday, June 7, 2021James R.G. CookLitigationCanadian Charter of Rights and Freedoms, Ontario Court of Appeal

In R. v. Trought, 2021 ONCA 379 the Court of Appeal for Ontario ordered a new trial for a man convicted of possession of cocaine for the purposes of trafficking on...

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Thursday, June 3, 2021James R.G. CookLitigationOntario Court of Appeal, Tenant, Landlord, Restaurant, Courts of Justice Act

In 8573123 Canada Inc. (Elias Restaurant) v. Keele Sheppard Plaza Inc., 2021 ONCA 371, the Ontario Court of Appeal affirmed an application judge’s decision which...

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Wednesday, May 26, 2021James R.G. CookLitigationOntario Court of Appeal, Law Society of Ontario, Rules of Professional Conduct

The Ontario Court of Appeal has confirmed that professionals have a duty to cooperate promptly and fully with their regulator during the course of...

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Tuesday, May 25, 2021James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale, Ontario Court of Appeal

It is settled law in Ontario that when a buyer fails to complete an agreement of purchase and sale, the seller is entitled to retain the deposit without having to prove any loss. This means that...

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Thursday, April 22, 2021James R.G. CookLitigationFacebook, Fake News, SMS Text Messages, Text Now, Ontario Court of Appeal

We have previously addressed the concerns of a civil court judge about the perils of having to deal with “fake news” in the form of spoofed emails and electronic documents. The Ontario Court of Appeal has addressed similar concerns as to...

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Tuesday, April 6, 2021James R.G. Cook, Kenneth JullLitigationInsurance Law, Negligence, Ontario Court of Appeal, Insurance Policy, Policy, Class Action

Where there is a dispute between an insurer and an insured over the insurer’s duty to defend a claim being made against an insured, the insured will ordinarily need to bring an application for...

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Monday, March 15, 2021James R.G. CookLitigationTrustee Act, Ontario Court of Appeal

We have previously written about gratuitous transfers of real estate between family members, and the requirement on the recipient’s part to prove that the transfer was intended to be a gift if the purpose...

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Friday, February 5, 2021Stephen A. ThieleLitigationDefamation, Limitations Act, Ontario Court of Appeal

In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from...

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Monday, January 18, 2021James R.G. CookLitigationCopyright, Ontario Court of Appeal, Rules of Civil Procedure, Copyright Act, Documentary Film-makers

For perhaps the first time, the Ontario Court of Appeal has ordered an unsuccessful litigant to post security for costs of a trial judgment before being allowed to proceed with...

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Monday, January 4, 2021Stephen A. Thiele, James R.G. CookLitigationLetters of Request, Ontario Evidence Act, Ontario Court of Appeal

As a result of the highly integrated economies and efficient cross-border movement between Canada and the United States (at least prior to the 2020 pandemic), the courts in each country frequently seek each other’s...

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Monday, December 14, 2020James R.G. CookLitigation, Civil LawOntario Court of Appeal, Fraud

The Ontario Court of Appeal has confirmed that liability for civil conspiracy may arise from the “constructive intent” of a defendant to cause harm even if they are not in direct communication with the plaintiff during...

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Monday, December 7, 2020James R.G. CookLitigationDefamation, Damages, Ontario Court of Appeal

In response to a series of negative and untruthful online reviews, a medical doctor sued the author of the posts for defamation and was awarded...

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Wednesday, December 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Stouffville, Ontario Court of Appeal, Misrepresentation

A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ontario resulted in the rescission of the Agreement of Purchase and Sale...

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Monday, November 9, 2020James R.G. CookLitigation, Real EstateCottage Country, Ontario Court of Appeal, Damages, Ontario Ministry of Natural Resources and Forestry, Lake Simcoe, Boat Dock

After years of litigation, a dispute between neighbours of waterfront properties on Lake Simcoe led to a mandatory order requiring the removal...

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Friday, October 9, 2020James R.G. CookMunicipal Law, LitigationLand Registry, Ontario Court of Appeal, Land Title Act

In Paleshi Motors Limited v. Woolwich (Township), 2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...

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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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