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7 Jun

Conviction set aside due to ineffective assistance of trial counsel

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

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In R. v. Trought2021 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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3 Jun

Court of Appeal affirms judicial notice of anti-black racism in granting relief from forfeiture

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

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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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26 May

Duty of professionals to respond promptly and cooperatively with regulators

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

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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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25 May

Buyer loses $100,000 deposit after refusing to purchase condominium

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

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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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22 Apr

Potentially fake app messages result in appeal from firebombing conviction

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

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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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6 Apr

Recent treatment of the duty to defend in Ontario courts

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

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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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15 Mar

Estate’s claim to recover $700,000 gift from elderly man to fiancée dismissed

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

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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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22 Feb

Letters of Request denied for access to confidential business information

Monday, February 22, 2021James R.G. CookLitigationLetters of Request, Referral Agreement, Ontario Court of Appeal

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The process by which a foreign court seeks the assistance of an Ontario court to gather evidence for use in local proceedings, as discussed...

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5 Feb

Criminal proceedings and the civil defamation claim: A limitation period lesson

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

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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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18 Jan

Notoriously Bad Movie leads to Unprecedented Order for Security for Costs of Trial Judgment

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

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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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4 Jan

Recent Treatment of Letters of Request from U.S. Courts by the Ontario Court of Appeal

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

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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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14 Dec

Civil Conspiracy Established against Directors of Shell Company for Loss of Investment

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

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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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7 Dec

Ontario Court of Appeal Upholds Doctor’s Damages for Defamatory Postings on RateMDs.com

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

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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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2 Dec

Misrepresentation in Square Footage leads to Rescission of Agreement of Purchase and Sale

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

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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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9 Nov

Dock Dispute leads to Nuisance Claim and $598,000 Costs Award

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

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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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9 Oct

Township’s Prescriptive Easement Upheld by Court of Appeal

Friday, October 9, 2020James R.G. CookLitigation, Municipal LawOntario Court of Appeal , Land Title Act, Land Registry

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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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5 Oct

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

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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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