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25 May

Summary judgment denied over defamatory TV show first aired in Pakistan

Tuesday, May 25, 2021Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment, Libel, Slander

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Ontario’s Rules of Civil Procedure provide that where there is no genuine issue requiring a trial, summary judgment shall be granted. It has been determined by Ontario courts that this rule is...

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26 Mar

Buyers’ liability to sellers in aborted real estate closings - Part 1

Friday, March 26, 2021James R.G. CookLitigation, Real EstatePlanning Act, Summary Judgment

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“The factual background to this summary judgment motion is a sad story that has frequently been retold in courtrooms across the land with the same tragic ending.”

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9 May

Ineffective Assistance of Counsel in the Civil Context: The case of SMTCL Canada Inc. v. Master Tech Inc., 2017 ONCA 291

Tuesday, May 9, 2017Chris JuniorLitigation, Civil LawSummary Judgment, Rules of Civil Procedure

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Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...

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22 Mar

House Party Drunkenness: Should Parents Be Liable For Catastrophic Injuries Suffered By Guests?

Wednesday, March 22, 2017Gavin J. TigheLitigationCivil Liability, Summary Judgment, Alcohol, Beer Pong

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The recent decision of Hon. Justice Wendy Matheson of the Ontario Superior Court of Justice in Wardak v. Froom, 2017 ONSC 1166 has certainly caused a media sensation and sent tongues wagging...

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22 Feb

Summary judgment motion in actions for wrongful dismissal started under the Simplified Procedure rule: A new way forward

Wednesday, February 22, 2017Dara Hirbod, Kevin W. FisherLitigationSummary Judgment, Rules of Civil Procedure, Wrongful Dismissal

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Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit, to commence a claim under the...

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