James R.G. Cook

James R.G. Cook

Partner

James R.G. Cook
Contact Information

James R.G. Cook

Partner


T 416.865.6628

F 416.865.6636

E jcook@grllp.com

Education
Osgoode Hall Law School, LL.B. 2002
Simon Fraser University, M.A., 1997
University of Manitoba, B.A. (Hons), 1995
Bar Admission
Ontario, 2003
About Gardiner Roberts LLP

For over 100 years, Gardiner Roberts has combined the benefits of a full-service law firm with the dexterity of a mid-sized one. Our focused, cross-disciplinary, one-team approach and commitment to understand your business joins our relevant expertise, immediacy and dedication to providing client-centric, hands-on service. 100% Canadian and fully independent, we offer a level of overall efficiency and cost-effectiveness that larger firms can't touch. Resisting "cookie-cutter" law, Gardiner Roberts has built its name - one rewarding client relationship at a time.

Executive Summary

James is a partner at Gardiner Roberts and has been with the firm since he articled here in 2002. As a litigator in the firm’s Dispute Resolution Group, James has experience in a broad range of commercial, real estate and professional liability litigation, including:

  • Professional liability for lawyers (real estate, litigation, family/estate, commercial transactions), financial advisors, accountants, mortgage brokers and real estate agents. 

  • Real estate litigation involving a wide range of closing disputes, title defects, mortgages, easements and adverse possession, title insurance, cottage issues, condominium disputes and Land Titles Act hearings.

  • Commercial contract and business asset disputes, oppression remedies, director/officer liability, shareholder and partnership disputes, privacy issues, receivership liability and various forms of urgent interim relief, including Mareva/civil fraud, employment and non-competition injunctions, and Anton Piller orders.

  • Defamation including Internet-based liability.

James has successfully represented clients as trial and appellate counsel including a claim where the court stated that the allegations could “rock, if not destroy” his client’s career. In another successful trial decision, James persuaded the court to describe his client’s widely distributed business agreement as “iron clad”. James was counsel in one of the only known decisions where an action was stayed by a court at the outset as a result of improper conduct by the opposite party (who hacked into his client’s computer server). Experience is everything.

Expertise

Representative Work
  • Lawyer’s Professional Liability / Ineffective Assistance of Counsel
    • Indigoblue Mortgage Investment Corporation v. Ahmad, 2025 ONSC 4161 (CanLII)
    • Swan v. Duggan, 2025 ONCA 302, affirming 2025 ONCA 302
    • Greenspan v. Goldman, 2022 ONSC 5578
    • Locke v. Sultana et al, 2022 ONSC 4347 (CanLII,) aff'd 2023 ONCA 497
    • Braysan Properties Inc. “In Trust”  v. Muchos et. al., 2022 ONSC 3703
    • 2658396 Ontario Inc. v. Sanayei; 2022 ONSC 3189
    • Vinczer v. 7084421 Canada Ltd., 2022 ONCA 400 (CanLII)
    • Bors v. Bors, 2021 ONCA 513
    • 9383859 Canada Ltd. v. Navaratnam, 2021 ONCA 210
    • Glegg v. Glass, 2020 ONCA 833 (CanLII)
    • Bielanski v. Mundenchira, 2019 ONSC 1162 (CanLII), aff'd 2020 ONCA 811 (CanLII).
    • Peel Children's Aid Society v. M.H., 2018 ONCA 619 (CanLII)
    • Garrett v. Oldfield et al, 2014 ONSC 508 (CanLII)
    • Richmond v. James, 2008 CanLII 73705 (ON SC), 69 B.L.R. (4th) 79, 79 R.P.R. (4th) 267 - discussed in “Case must be strong if you decide to sue lawyer” The Toronto Star (June 13, 2009)
    • Chuang v. Manning, 2008 CanLII 14175; 2010 ONSC 6296,
    • Diamond Contracting Ltd. v. MacDearmid, 2006 CanLII 24444 (ON C.A.)
       
  • Real Estate Litigation / Title Insurance
    • Columnist, REM
    • Medeiros v. Baldassarra et al, 2019 CarswellOnt 19345, 2019 ONSC 2682
    • Sannuto v. Sannuto, 2012 ONSC 3903 (CanLII)
    • Charlebois v. Stewart Title Guaranty, 2011 ONSC 6824 (CanLII)
    • Nakhuda v. Stewart Title Guaranty Co., 2010 CarswellOnt 11201, 2010 ONSC 4926, [2010] O.J. No. 6170
    • Freedman v. Toronto (City), 2009 CanLII 82620 (ON SC)
    • Stewart Title Guarantee Company v. Zeppieri, 2009 CanLII 2329 (ON SC), 94 O.R. (3d) 196 - discussed in “Defending Under Title Insurance” The Lawyers Weekly (June 12, 2009))
    • Dagarsho Holdings Ltd. v. Bluestone, 2005 CanLII 39321 (ON CA) 
    • T.D. Waterhouse Investor Services (Canada) Inc. v. Srivastava, 2005 CanLII 35791 (ON SC), 2005 CarswellOnt 4876, 143 A.C.W.S. (3d) 81
       
  • Commercial Litigation, Lease Disputes, Director/Officer Liability, Corporate Opportunity & Non-Solicitation Claims / Injunctions
    • BMO v. 2761387 Ontario Inc, 2024 ONSC 6281 (CanLII)
    • Braysan Properties Inc. v. Muchos, 2022 ONSC 940 (CanLII)
    • 2184472 Ontario Inc. v. 1637601 Ontario Ltd, 2016 ONSC 7256 (CanLII)
    • H&R Block Canada, Inc. v. Inisoft Corporation (Ontario), 2009 CanLII 37911 (ON SC)
    • Autoworkers (Ajax) Credit Union Limited v. Cumis General Insurance Company, 2012 ONSC 172 (CanLII)
    • Croatian (Toronto) Credit Union v. Vinski, 2011 ONSC 7123 (CanLII)
    • Croatian (Toronto) Credit Union Limited v. Vinski, 2010 ONSC 1197 (CanLII)
    • bcIMC Construction Fund Corporation v. Preston Spring Gardens Inc., 2008 CanLII 1414 (ON SC)
    • Challenge Gas Holding AB v. Echo Energy Canada Inc., 2008 CarswellOnt 8431; 2008 CanLII 19220 (ON SC); 2007 CarsellOnt 9714
    • Toronto Dominion Bank v. Preston Springs Gardens Inc., 2007 ONCA 145 (CanLII), 31 C.B.R. (5th) 167; affirming 19 C.B.R. (5th) 165, 2006 CanLII 15145 (ON S.C.) - discussed in “Defendants denied leave to sue receiver of an insolvent co‑defendant” The Lawyers Weekly (May 26, 2006)
    • BMO Nesbitt Burns Inc. v. TD Waterhouse Investor Services, 2006 CanLII 17338 (ON SC)
    • Cohen v. YMR Capital Management Corp., 2006 CanLII 37780 (ON CA)
    • Banyan Tree Foundation v. Singh, 2005 CanLII 44178 (ON SC)
    • Researchco Ltd. Partnership v. Real Estate Search Corp., 2004 CanLII 35008 (ON SC)
       
  • Breach of Privacy / Unauthorized Intrusion/Hacking of Computer Data
    • Autosurvey Inc. v. Prevost, 2005 CanLII 36255 (ON SC), 44 C.P.R. (4th) 274, discussed in “Lawsuit tossed out in ‘extraordinary remedy’” The Globe and Mail (November 30, 2005), and “Brute Force Entry Punished: Autosurvey Inc. v. Prevost” OBA Civil Litigation Newsletter (May 2006)
       
  • Defamation
  • Investment Advisor / Brokerage Liability
    • Paciorka v. TD Waterhouse, 2008 CanLII 6646 (ON SC), 2007 CanLII 28749 (ON SC)
    • Newman v. T.D. Securities Inc., 2007 CanLII 463 (ON SC); 2007 CanLII 10791
    • Gibbins v. TD Waterhouse Canada Inc., 2007 CanLII 10789 (ON SC)
    • Shoaga v. TD Waterhouse, 2006 CanLII 2191 (ON SC), 2006 CarswellOnt 450
Articles and Presentations

My Blog
  • No misrepresentation or conflict of interest by mortgage agent (Dhanoa v Ramnarine) - July 14, 2025
  • No reasons required for using lawyer review clause to terminate transaction (Yui v. Yan) - July 4, 2025
  • Claims struck for litigants’ failure to pay costs (Dunning v. Colliers Macaulay Nicolls; Condoman Developments v. Cannect International Mortgage) - June 27, 2025
  • Lawyer did not breach standard of care by following instructions of client’s agent (Shortreed Joint Venture Ltd. v Guvi) - June 23, 2025
  • Neighbours in right-of-way dispute are authors of their own misfortune (Bennett v. Chadwick) - June 20, 2025
  • Director personally liable for corporation’s operating line but not Visa account (RBC v. 1108135 Ontario Inc.) - June 13, 2025
  • Defendants liable for costs of $579,000 in $58,000 claim (Gesualdi v. Conti) - May 30, 2025
  • Buyer entitled to recover deposit after seller misrepresented legality of addition (Sewell v. Abadian) - May 29, 2025
  • Lawyer escapes contempt consequences after using AI-generated case law (Ko v. Li) - May 23, 2025
  • Developer can’t charge buyer for adjustments not included in Agreement of Purchase and Sale (Bellisario v. 2200 Bromsgrove Development Inc.) - May 15, 2025
  • Factum containing fake case law likely generated by AI submitted in Ontario litigation (Ko v. Li) - May 8, 2025
  • Developer restrained from interfering with use of right-of-way during condominium construction (Figaro Dominion v. The Incumbent) - May 2, 2025
  • Buyer cannot force seller to remove notice registered on title by third party (Brighton Breeze Ltd. v. Noel Property Management Ltd.) - April 25, 2025
  • Departing employees ordered to return and destroy confidential information (Mondee, Inc. v. Voyzant Inc.) - April 21, 2025
  • No basis to pierce corporate veil in aborted real estate transaction (Dawood v. Popes Property Holdings Inc.) - April 10, 2025
  • Dispute over exchange of keys leads to five years of litigation over sale of church property (Gyimah v. The Roman Catholic Episcopal Corporation of The Diocese of Hearst in Ontario) - April 8, 2025
  • Cottage islanders’ association denied proprietary estoppel claim for control over municipal docks (Grape Island Property Owners Association Inc. v. Corporation of the City of Orillia) - April 4, 2025
  • Plaintiff’s defamation claim against siblings survives Anti-SLAPP motion (The Estate of Colombe Quesnel v. G. Quesnel) - April 3, 2025
  • Do requisitions concerning gas leases go to root of title? (Van Hove v. Dryuff) - April 1, 2025
  • Claim for ineffective assistance of counsel dismissed as a collateral attack (Mann v. Royle) - March 28, 2025
  • TRREB defeats plaintiff’s motion to restore MLS access (Ojohome Canada Ltd. v. The Canadian Real Estate Association) - March 24, 2025
  • Claim struck against individual employee of corporate defendant (Soneri Invest v. Shell Canada) - March 14, 2025
  • Sellers repudiated agreement of purchase and sale by failing to address outstanding work orders (Reel em Inn and Resort v. RNR Doemel Enterprises) - March 11, 2025
  • Buyer breached agreement to purchase home that was destroyed by fire (McDonald v. Lowrie) - March 6, 2025
  • Claim against Township for failing to monitor building permit dismissed under ultimate limitation period (Huether v. Sharpe) - March 4, 2025
  • Lawyer did not breach privilege by disclosing confidential email to former clients’ trustee in bankruptcy (Milot Law v. Sittler) - March 3, 2025
  • Plaintiff obtains summary judgment against former lawyers (Longarini v. Llyod) - February 21, 2025
  • Demand for payment undermines defendant’s position that defamation action involved a matter of public interest (Diverse Transportation v. Chen) - February 20, 2025
  • Pleadings struck in $100 million claim due to party's repeated failure to produce relevant documents (Way v. Schembri) - February 19, 2025
  • Defamation claim survives dismissal under doctrine of absolute privilege (Drabinsky v. Kepinski) - February 4, 2025
  • Can a real estate agent be liable for a tenant’s damages? (Carola v. VIP Reality Inc.) - February 3, 2025
  • Execution before judgment rejected in claim arising from aborted transaction (Leanne Homes Limited v. Singh) - December 16, 2024
  • Specific performance ordered in dispute between father and son over family home (Gill v. Gill) - December 6, 2024
  • Court rejects force majeure and frustration defences following aborted transaction (Liddell v. Mousavi) - November 26, 2024
  • Defendant business competitors liable for defamation campaign based on common design (Valley Traffic Systems Inc. v. Malak) - November 25, 2024
  • Damages awarded for slander of title and failure to complete transaction (McKenzie v. Fabco Holdings Inc.) - November 21, 2024
  • Homeowner staves off enforcement of judgment against co-owner’s registered interest (Brunton v. Lanzarotta) - November 14, 2024
  • Lawyer’s letter protected from defamation claim by absolute privilege (Neve v. Adams) - November 11, 2024
  • Buyer fails to tender by withholding full purchase price (1785192 Ontario Inc. v. Ontario H Limited Partnership) - November 7, 2024
  • No failure to mitigate by sellers in failed real estate transaction (Singh and Kaur v. Feneich) - November 1, 2024
  • Buyer failed to complete real estate transaction as required by time is of the essence clause (Correa v. Valstar Homes) - September 27, 2024
  • Plaintiffs obtain Norwich order for disclosure of name of confidential informant (Taylor v. Metrolinx) - September 19, 2024
  • Realtor liable for failing to confirm location of new build property (Zhang v. Primont Homes (Caledon) Inc.) - August 23, 2024
  • President of not-for-profit corporation reinstated following oppression application (Carr v. O’Reilly) - August 22, 2024
  • Receiver appointed over property notwithstanding allegations of fraudulent mortgage (Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan) - August 19, 2024
  • Claim for misrepresentation of property tax amount in real estate listing defeated by entire agreement clause (Langen v. Sharma) - August 7, 2024
  • Claim against lawyer dismissed following borrower’s default in asset sale (899755 Alberta Ltd v Herter) - August 6, 2024
  • Injunction denied in dispute between competing health clinics (Strength-N-U Inc. v. Silva) - August 2, 2024
  • Buyer fails to prove damages resulting from sellers’ breach of agreement to sell gas station (2511899 Ontario Inc v. 2221465 Ontario) - July 29, 2024
  • Lender’s failure to provide mortgage discharge results in damages for borrower’s inability to complete secondary transaction (De Rita v. 1266078 Ontario Inc.) - July 15, 2024
  • Claim against jointly-retained real estate lawyer dismissed after party’s repudiation of transaction (Precision Forest Industries Ltd v Cox) - July 12, 2024
  • Defamation claim against Global News by former Liberal MP survives Anti-SLAPP motion (Dong v. Global News) - June 24, 2024
  • Agreement of Purchase and Sale not binding due to addition of unsigned Schedule (Ali v. Patel) - June 20, 2024
  • Former law firm associate’s claim struck against individual firm lawyers (Brown v. WeirFoulds LLP) - June 19, 2024
  • Mortgage enforcement claim dismissed as statute-barred (Albrecht v. 1300880 Ontario Inc.) - June 13, 2024
  • Professional negligence claim against litigation lawyer dismissed in a case of “settler’s remorse” (Kiselbach v. DeFilippi) - June 10, 2024
  • Seller did not repudiate agreement of purchase and sale notwithstanding missed deadline (Vandermolen Homes Inc. v. Mani) - May 27, 2024
  • Kielburger defamation claim against Canadaland survives anti-SLAPP motion (Kielburger v. Canadaland Inc.) - May 17, 2024
  • Breach of privacy and unauthorized access to electronic information in spousal dispute (Chen v. Huang) - April 19, 2024
  • Injunction against CBC denied in contractor’s defamation claim (Evangelisti v. Canadian Broadcasting Corporation) - April 11, 2024
  • Borrower’s lawyer not liable for payment of mortgage broker’s fee (First Canadian Mortgage Corporation v. Djukic) - March 15, 2024
  • Court orders defendant to pay costs of $300,000 for refusing to settle claim (Barry v Anantharajah) - March 6, 2024
  • Allegedly defamatory Tweets about medical doctor dismissed as “fair comment” under Anti-SLAPP legislation (Gill v. Maciver) - March 1, 2024
  • Court critical of mortgage lender and Director of Titles for failing to consent to removal of fraudulent mortgage instrument from title (Sun v. Ryan Mortgage Income Fund Inc.) - February 29, 2024
  • No breach of confidence for director to disclose corporation’s confidential information to personal lawyer (Anderson v. Strathcona (Regional District)) - February 8, 2024
  • Employment letter not subject to six-week notice deadline for defamation actions (Wurdell v. Paramount Safety Consulting Inc.) - February 5, 2024
  • Specific performance ordered in cottage purchase dispute (Coffey v. High) - January 29, 2024
  • Sellers liable for deficiencies due to rectification of Agreement of Purchase and Sale (Melo v. Hiebert) - January 26, 2024
  • Instagram social media influencer liable for defamation (Achor v. Ihekweme) - January 19, 2024
  • Court denies injunctive relief in overstated business dispute (Home Coffee Solutions Ltd. v. Amarshi) - January 15, 2024
  • Condominium owner ordered to reconvey title to former brother-in-law (Burbidge v. Casullo) - December 28, 2023
  • Defamation claim by long-term care home dismissed due to lack of evidence of harm (Universalcare Canada Inc. v. Gusciglio) - December 14, 2023
  • Lost profits of $11 million not the appropriate measure of damages for aborted sale to developer (The Rosseau Group Inc. v. 2528061 Ontario Inc.) - December 12, 2023
  • Neighbours liable for defamation, malicious prosecution and intentional infliction of mental distress (Khan v. Bujold) - December 11, 2023
  • Shared laneway overburdened by change of use from summer camp to trailer park (Kranenburg v. Grice) - December 1, 2023
  • Law firm successfully sues former client for defamatory online review (D’Alessio v. Chowdhury) - November 30, 2023
  • Court blasts school board chairman for undemocratic attempt to curtail freedom of expression (Burjoski v. Waterloo Region District School Board) - November 29, 2023
  • Court overturns election of Church’s board of directors (Metmeke v. Yigzaw) - November 23, 2023
  • Relisting of property before closing date did not amount to a repudiation of agreement of purchase and sale (Zoleta v. Singh and RE/MAX Twin City Realty) - November 20, 2023
  • Neighbour liable for over $505,000 in damages caused by water nuisance (Warren v. Gluppe) - November 16, 2023
  • Neighbour entitled to retain land upon which lasting improvements were made (Margaritis v. Milne) - October 30, 2023
  • Property owner allowed to maintain property’s use as three dwelling units (Vitale v. Toronto (City of)) - October 27, 2023
  • Equitable mortgage principles affirmed by Ontario Court of Appeal (Greenspan v. Van Clieaf) - October 24, 2023
  • Builder, surveyor, and municipality liable for encroachment of dwelling built on neighbour’s land (Armstrong v. Penny) - October 20, 2023
  • Bare trustee denied order for sale of property under Partition Act (Weise v. Weise) - October 16, 2023
  • Lawyer not accountable for client’s tax liability on employment debt forgiveness (Waters v. Furlong) - October 12, 2023
  • No collusion or bad faith by private mortgagee and co-owner (1000249084 Ontario Inc. v. Andazesgishahr) - October 10, 2023
  • Buyer fails to prove property re-sold for improvident price following aborted transaction (Switzer v. Petrie) - September 19, 2023
  • Partition Act application denied due to oppression (Stothers v. Kazeks) - September 14, 2023
  • No damages caused by listing agent’s failure to recommend legal advice (Stanley v. Grech) - September 8, 2023
  • Buyer’s failure to obtain severance amounted to anticipatory breach of contract (Stayside Corporation v. Cyndric Group) - August 25, 2023
  • Lawyers obtain interlocutory injunction to stop defamatory social media posts (Leeb v. Kenny) - August 18, 2023
  • The perils of using joint tenancy for estate planning (Jackson v. Rosenberg) - August 9, 2023
  • Court refuses to impose 5 pm deadline for delivery of real estate closing proceeds (More v. 1362279 Ontario Ltd. (Seiko Homes)) - August 8, 2023
  • Mortgage provided by corporate borrower with apparent authority is not a “fraudulent instrument” (Froom v. LaFontaine) - August 3, 2023
  • Defamatory Facebook Posts Prove Costly – Part 2 (Robinson v. Niganobe) - August 2, 2023
  • Letters Rogatory application against Ontario lawyer dismissed (Hospira Healthcare v. Rotsztain) - August 1, 2023
  • Novel family violence tort has no place in Ontario law, Court of Appeal rules (Ahluwalia v. Ahluwalia) - July 28, 2023
  • Real estate agent not liable for taking instructions from buyer’s spouse - July 14, 2023
  • Neighbour dispute over driveway and location of well ends up in court (Bender v. Dulovic) - July 13, 2023
  • Realtor’s action for invasion of privacy and conspiracy dismissed under Anti-SLAPP law (Riopelle v. Riopelle) - June 12, 2023
  • Real estate agent not liable for opinion of value - June 9, 2023
  • Negligence claim statute-barred by ultimate 15-year limitation period - May 26, 2023
  • Prescriptive hydro road easement affirmed by Court of Appeal - May 25, 2023
  • Claim for riparian rights to access Lake Erie dismissed - May 25, 2023
  • Condominium breached duty to disclose imminent special assessment in status certificate - May 24, 2023
  • Torts of knowing assistance and knowing receipt addressed by Ontario Court of Appeal - May 5, 2023
  • Seller not liable for water damage or foundation issues discovered after closing - May 2, 2023
  • Defamatory Facebook posts can be costly - May 1, 2023
  • Counterclaim for breach of fiduciary duty in wrongful dismissal action dismissed under anti-SLAPP legislation - April 10, 2023
  • Professional negligence claim dismissed against lawyer who acted on sale of insurance brokerage business, April 5, 2023 - April 5, 2023
  • Claim Commenced By Special Purpose Vehicle Dismissed As Champertous - March 31, 2023
  • Designated beneficiaries of registered accounts must be expressly revoked - March 30, 2023
  • Allegations of ineffective assistance of counsel against Law Society duty counsel dismissed - March 27, 2023
  • Developer required to answer discovery questions about misleading other buyers - March 23, 2023
  • Real estate agent sued for misrepresenting identity of buyer - February 27, 2023
  • Plaintiff fails to prove notary public's error was the cause of losses from real estate transaction - February 17, 2023
  • Buyer not to entitled purchaser’s lien to recover deposit following builder’s default - February 14, 2023
  • Defence of qualified privilege available to Township for posting letters from public - February 13, 2023
  • Owner of corporation faces personal liability for stripping assets following lease default - February 10, 2023
  • Seller ordered to obtain severance of residential properties to complete transaction - February 3, 2023
  • Does a bank have a duty to warn a customer before carrying out a suspicious transaction? - January 31, 2023
  • Seller allowed to re-schedule Tarion closing date following - January 27, 2023
  • Claim against Google for hosting defamatory reviews allowed to proceed - January 6, 2023
  • Lender can't evict bona fide tenants from property notwithstanding mortgagor's fraud - December 19, 2022
  • Letters Rogatory for disclosure in California divorce proceeding enforced in Ontario - December 9, 2022
  • Anti-SLAPP motion fails to stop Canadian Tire’s claim against alleged perpetrators of fraudulent after-sales service program - December 2, 2022
  • Neighbour ordered to remove obstructions on mutual driveway - December 1, 2022
  • Court declines to intervene in dispute over governance of not-for-profit clubs - November 25, 2022
  • Amendments to professional negligence claim denied following tardy expert report - November 21, 2022
  • Home owner obtains certificate of pending litigation to stop power of sale - November 18, 2022
  • In-house lawyer breached fiduciary obligations by negotiating self-interested agreements - November 15, 2022
  • Therapists not personally liable for debts of bankrupt sports medicine clinic - November 10, 2022
  • Limitation Period bars claim for breach of Assignment of Agreement of Purchase and Sale - November 9, 2022
  • Nephew not entitled to verbal life interest in aunt’s property - November 4, 2022
  • Anonymization and sealing requests in Ontario civil proceedings - November 1, 2022
  • Commission not owing to agent under conditional agreement of purchase and sale - October 31, 2022
  • Defamation claim defeated as the statements were substantially true - October 26, 2022
  • Business founder required to disgorge profits from competing powder-coating business - October 24, 2022
  • Broad discovery and social media disclosure affirmed in Muzzo ats Neville-Lake - October 21, 2022
  • Lessons in a professional liability claim - October 11, 2022
  • Lawyer’s defamation action allowed to proceed in Small Claims Court - August 29, 2022
  • Doctrine of buyer beware bars claim for foundation issues raised by home inspection - August 19, 2022
  • Inadvertent disclosure and improper use of privileged communications - August 4, 2022
  • Conspiracy claim against lawyers dismissed - August 3, 2022
  • Lawyer not liable for client’s payment of foreign buyer's tax on North Vancouver property - August 2, 2022
  • Witnesses intimidated and conspiracy alleged while trying to conceal marriage - July 25, 2022
  • Power of sale restored by Court of Appeal under "safe harbour protections" - July 20, 2022
  • Gift or loan? Father failed to ensure his intentions were made known - July 19, 2022
  • Leave required to sue representative of trustee in bankruptcy - July 18, 2022
  • Ponzi scheme participants ordered to return payments that were "too good to be true" - July 11, 2022
  • Civil contempt finding against litigant for breaching receivership order - July 8, 2022
  • Sale of partnership property allowed despite lack of authorization and disclosure - July 7, 2022
  • Defendant liable for defamatory tweets about university instructor - June 30, 2022
  • Title insurance dispute over appraisal of "actual loss" for defects relating to municipal work order - June 28, 2022
  • Interim injunction ordered to prevent neighbour from blocking private access road - June 27, 2022
  • Relief from forfeiture not granted where buyer claimed lack of capacity to enter into real estate purchase agreement - June 24, 2022
  • Lawyer not vicariously liable to opposite party in failed real estate transaction - June 23, 2022
  • Sale of commercial units by nearly-insolvent debtor not a fraudulent conveyance - June 22, 2022
  • Buyer breached duty of good faith in failing to complete assignment agreement - June 21, 2022
  • Mortgage provided by corporate borrower not a “fraudulent instrument” - June 20, 2022
  • Pharmacy manager not bound by non-competition agreement - June 16, 2022
  • Neighbour's management plan did not improperly divert equity from plaintiff property - June 15, 2022
  • Environmental assessment firm not liable to buyer who did not commission their report - June 14, 2022
  • Dispute over purchase of Canadian Art results in unjust enrichment claim - June 13, 2022
  • No misrepresentations made by seller in asset purchase transaction - June 7, 2022
  • No “waiver by conduct” of financing condition in agreement of purchase and sale - June 6, 2022
  • Lawyer who was consulted by another lawyer disqualified from acting against other lawyer - June 1, 2022
  • Business partner liable for breach of fiduciary duty and civil fraud - April 29, 2022
  • Spouse liable under guarantee as accommodation surety despite lack of ILA - April 12, 2022
  • "Decision Regret" is not a cause of action for disgruntled start-up investors - April 8, 2022
  • Hydro One loses prescriptive easement claim over private access road - April 5, 2022
  • Vesting order granted for retroactive joint tenancy after death of spouse - April 4, 2022
  • Date of breach of contract affirmed for assessment of buyer’s damages - March 31, 2022
  • Breach of privacy claim dismissed where unauthorized access was fleeting and incidental - March 30, 2022
  • Oppression remedy denied to non-shareholder of corporation - March 29, 2022
  • Tort of “family violence” provides new way to seek damages for domestic abuse - March 28, 2022
  • Property developer awarded $11 million in lost profits against seller who refused to complete transaction - March 17, 2022
  • Shakespeare portrait leads to dispute over estate trustee - March 11, 2022
  • Real estate co-ownership dispute leads to sale under Partition Act - March 9, 2022
  • Court refuses to impose 5 pm deadline for delivery of real estate closing proceeds - March 8, 2022
  • Requisition deadline for present legal use of property clarified by Court of Appeal - March 7, 2022
  • Claim for defamatory tweets dismissed - March 3, 2022
  • Family members liable for knowing receipt of trust funds - February 28, 2022
  • No duty of care owed by seller to confirm buyers had financing in place - February 28, 2022
  • B.C. Court awards damages arising from liability for foreign buyers’ tax - February 17, 2022
  • Courts rejects corporation’s motion to be represented by a consultant - February 7, 2022
  • Action stayed as a result of plaintiff’s failure to disclose settlement - January 28, 2022
  • CBC liable for defaming investment advisor - January 4, 2022
  • Prophylactic disgorgement order in case of corporate malfeasance imposed by Ontario Court of Appeal - December 23, 2021
  • Cineplex awarded $1.2 billion following failed pandemic courtship - December 20, 2021
  • Law firm obtains injunction against former associate after Thanksgiving weekend coup - December 2, 2021
  • Sellers not allowed to rely on “escape clause” to accept a better offer - November 29, 2021
  • Investor required to return funds received for limited partnership units based on calculation mistake - November 29, 2021
  • Porch bandits - adverse possession remains alive and well in Toronto - November 26, 2021
  • Unfulfilled Promise to Transfer Family Property Upheld by Court of Appeal for Ontario - November 22, 2021
  • Lawyer who was not provided the opportunity to be heard about breach of duty to the court was denied procedural fairness - November 5, 2021
  • Realtor’s full and final release extended to cover brokerage - November 3, 2021
  • Lawyer not added as a defendant to counterclaim in real estate dispute - November 2, 2021
  • Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan - November 1, 2021
  • Buyers bound to agreement of purchase and sale negotiated by family friend - October 26, 2021
  • Mortgage lender did not breach duty of honest contractual performance - October 25, 2021
  • Ontario’s “appropriate means” test for limitation periods after Grant Thornton v. New Brunswick - October 19, 2021
  • Snapchat post results in liability for defamation - October 18, 2021
  • Lawyer who lied about personal background and shared client information did not breach duty of loyalty - October 12, 2021
  • Mortgage granted by defendant facing trial judgment set aside as a fraudulent conveyance - October 7, 2021
  • Plaintiffs ordered to pay costs of $164,186 after trying to bully defendants into removing negative online reviews - October 7, 2021
  • Supreme Court of Canada upholds reduction in size of Toronto's City Council - October 4, 2021
  • Dispute between neighbours over fence location results liability for trespass - October 4, 2021
  • Lack of written contract for home construction project results in dispute with contractor - September 27, 2021
  • Court refuses to enforce mortgage prepayment penalty - September 24, 2021
  • Employer obtains punitive damages and constructive trust over employee’s property as a result of kickback scheme - September 23, 2021
  • Blogger liable to plastic surgeon for defamatory posts about botched breast augmentation - September 22, 2021
  • Condominium owner liable for costs due to tenant’s misconduct - September 10, 2021
  • Mortgage syndicate required to repay funds to investor due to breach of subscription agreement - September 3, 2021
  • Defendant required to repay $96,000 received from married boyfriend - August 27, 2021
  • Buyer’s failure to conduct due diligence defeats claim for misrepresentation against seller of laundry business - August 20, 2021
  • Buyer entitled to repudiate agreement after discovering water damage - August 11, 2021
  • Business owner avoids liability under personal guarantee - August 6, 2021
  • “Plausible inference” test affirms that plaintiffs must exercise reasonable diligence to discover claims - July 30, 2021
  • Court dismisses non-competition injunction against brothers who sold auto parts business - July 27, 2021
  • Lawyer liable for defaming daughter of former client - July 26, 2021
  • Plaintiff Suffers Blow: Punch to Face in Amateur Ice Hockey Game Found to be Not Reasonably Foreseeable - July 22, 2021
  • Commission owed to real estate agent despite lack of written agreement - July 9, 2021
  • Court issues injunction to stop online harassment and intimidation pending trial - July 8, 2021
  • Oral agreement to transfer family home results in years of litigation between father and daughter - July 5, 2021
  • Seller entitled to repossess townhouse after buyer fails to complete purchase - July 2, 2021
  • Environmental injunctions need not pass the flagrant breach threshold - June 28, 2021
  • Court refuses to hear dispute over requisitions due to self-induced urgency - June 25, 2021
  • Zak Sabbath’s defamation claim allowed to continue against Mandy Morbid - June 18, 2021
  • “Business common sense” determines winner of commission dispute - June 16, 2021
  • Late document disclosure may cause trial delays, adjournments, and dismissals - June 15, 2021
  • Fitness franchise fails to obtain injunction to stop rebranding of fitness studio during the pandemic - June 14, 2021
  • Claim for Road Access Act and prescriptive easement to landlocked property dismissed - June 11, 2021
  • Court reaches opposite conclusion on whether constructive dismissal claims are barred by Ontario COVID-19 Regulations - June 10, 2021
  • Conviction set aside due to ineffective assistance of trial counsel - June 7, 2021
  • Buyer’s failure to waive conditions nullifies agreement of purchase and sale - June 4, 2021
  • Court of Appeal affirms judicial notice of anti-black racism in granting relief from forfeiture - June 3, 2021
  • Who gets the dog? Court endorses broader ownership considerations for pets - June 2, 2021
  • Letters of Request enforced in connection with U.S commercial litigation - May 28, 2021
  • 92-year old minority shareholder obtains oppression remedy - May 27, 2021
  • Duty of professionals to respond promptly and cooperatively with regulators - May 26, 2021
  • Buyer loses $100,000 deposit after refusing to purchase condominium - May 25, 2021
  • Fitness studio denied injunction to reopen during pandemic - May 21, 2021
  • Professional negligence claim dismissed against lawyer despite conflict of interest and breach of the standard of care - May 20, 2021
  • Compliance Order obtained against condominium owners for unruly behaviour and refusal to wear masks - May 14, 2021
  • Living in a condominium requires a balancing of interests between the residents and compliance with the rules and by-laws that govern the community. No owner can be permitted run amok or... - May 4, 2021
  • Buyers’ liability to sellers in aborted real estate transactions - Part 2 - May 3, 2021
  • Constructive dismissal claim resulting from temporary layoff not barred by Ontario COVID-19 Regulation - April 29, 2021
  • Agent’s claim to commission owing under BRA dismissed due to non est factum - April 27, 2021
  • Failure to disclose material facts to insurer voids coverage for delivering pizza - April 26, 2021
  • Potentially fake app messages result in appeal from firebombing conviction - April 22, 2021
  • Family Cottage Squabbles: Court orders family members to stop interfering with each other’s enjoyment of cottage property - April 13, 2021
  • County Festival Feud: Plaintiff fails to prove verbal agreement or bad faith against festival organizers and municipality - April 9, 2021
  • Business founder obtains oppression remedy against investors - April 8, 2021
  • Owner of corporation personally liable for litigation misfeasance - April 7, 2021
  • Recent treatment of the duty to defend in Ontario courts - April 6, 2021
  • Buyers not allowed to terminate purchase due to size misdescription or building - April 5, 2021
  • A short walk to the beach – What is reasonably necessary for a prescriptive easement? - April 1, 2021
  • Court dismisses non-competition injunction against former key employee - March 28, 2021
  • Buyers’ liability to sellers in aborted real estate closings - Part 1 - March 26, 2021
  • Municipality improperly abandoned ratepayers by failing to oppose application for legal non-conforming use of lakeside land - March 22, 2021
  • Estate’s claim to recover $700,000 gift from elderly man to fiancée dismissed - March 15, 2021
  • Legal non-conforming use prevents municipality from enforcing zoning by-law - March 12, 2021
  • Online e-commerce platform not required to provide services to retailer of products promoting hate or violence - March 11, 2021
  • Hockey tournament dispute leads to shareholder oppression remedy - March 10, 2021
  • Court grapples with fake electronic evidence and Zoom imposter witness - March 9, 2021
  • Claim for adverse possession of land against an unknown owner - March 8, 2021
  • "Enough is Enough" - frustration expressed by Ontario Courts over litigation misconduct during the pandemic - February 23, 2021
  • Letters of Request denied for access to confidential business information - February 22, 2021
  • Airbnb renters of landlocked cottage allowed to access lake via right-of-way - February 22, 2021
  • Breach of privacy class action against Facebook relating to Cambridge Analytica dismissed - February 17, 2021
  • Proposed Danforth Shooting class action against Smith & Wesson relating to authorized user technology allowed to proceed - February 16, 2021
  • Defamation Judgment Upheld Against Pseudonymous Online Poster - February 10, 2021
  • Internet Harassment Tort Recognized by Ontario Superior Court of Justice - February 1, 2021
  • Township Liable to Muskoka Cottage Owners for Failing to Inspect Building Permit - January 27, 2021
  • Defamation claim against Twitter allowed to proceed in British Columbia - January 26, 2021
  • Subway’s $210 million chicken content defamation claim against the CBC restored by Court of Appeal - January 25, 2021
  • Notoriously Bad Movie leads to Unprecedented Order for Security for Costs of Trial Judgment - January 18, 2021
  • Home Owners Ordered to Remove Pool built over Municipal Easement - January 15, 2021
  • Employer Breached Employee’s Right to Privacy by Reviewing Private Messages sent from Work Laptop - January 14, 2021
  • Freelance Consultants Not Bound by Non-Competition Agreement - January 8, 2021
  • Recent Treatment of Letters of Request from U.S. Courts by the Ontario Court of Appeal - January 4, 2021
  • Court Prohibits Competing Restaurant Business from Opening - December 30, 2020
  • Court Denies Mortgagee's Claim for Unproven Fees and Charges under Overdue Mortgage - December 24, 2020
  • Viewing the Supreme Court of Canada's decision in Callow through a compliance lens - December 23, 2020
  • Seller Not Responsible for Zoning or Future Use Limitations of a Property - December 22, 2020
  • Civil Conspiracy Established against Directors of Shell Company for Loss of Investment - December 14, 2020
  • Parent’s Claim to Recover Home Transferred to Daughter Dismissed - December 11, 2020
  • HBC's Efforts to Withhold Rent Due to Landlords' Failure to Maintain “First Class” Shopping Centres - December 8, 2020
  • Ontario Court of Appeal Upholds Doctor's Damages for Defamatory Postings on RateMDs.com - December 7, 2020
  • Misrepresentation in Square Footage leads to Rescission of Agreement of Purchase and Sale - December 2, 2020
  • Abandoned Use of Easement Leads to Loss of Backyard Parking Pad - November 30, 2020
  • Injunction to Remove Allegedly Defamatory Social Media Posts Dismissed - November 27, 2020
  • Dock Dispute leads to Nuisance Claim and $598,000 Costs Award - November 9, 2020
  • Municipality Restrained from Interfering with Cottage Owners’ use of Fire-Pit Lands - November 6, 2020
  • Injunction to Stop Neighbour's House Construction near Escarpment Dismissed - November 5, 2020
  • Volunteer Coaches' Defamation Claim Dismissed as Contrary to Public Interest - November 2, 2020
  • Injunction Granted to Hotel to Enforce Noise By-Law - October 28, 2020
  • Discovery of Water Damage Insufficient to Terminate Real Estate Purchase Transaction - October 23, 2020
  • Real Estate Investor's Claim for Lost Opportunity Damages Rejected - October 20, 2020
  • Caveat Emptor Applied to Alleged Basement Flooding Damage - October 14, 2020
  • Township's Prescriptive Easement Upheld by Court of Appeal - October 9, 2020
  • Partial shutdown of business does not preclude business interruption claim - October 7, 2020
  • Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions - October 5, 2020
  • Real Estate Agent’s Defamation Claim Survives Anti-SLAPP Motion - September 24, 2020
  • Business Interruption Insurance in the Time of COVID-19: Some Recent Judicial Consideration - September 21, 2020
  • Fence Dispute Leads to $70,000 Defamation Judgment - September 14, 2020
  • Lake access easements should be carefully scrutinized prior to purchase - September 4, 2020
  • Buyer's Claim for Lost Value Damages of a Residential Subdivision Home - September 2, 2020
  • Unconscionability in Real Estate Transactions Post-Uber - August 31, 2020
  • Online Reviews, Freedom of Expression and Anti-SLAPP Legislation: 910938 Ontario Inc v Moore - August 17, 2020
  • Property Disputes during a Pandemic - April 27, 2020
  • Zombie Deed Sparks Reoccurring Legal Debate - March 11, 2020
  • Dispute Over Outhouse Clogs Up The Courts: Armstrong v. Moore - January 29, 2020
  • Advertisers Beware - December 5, 2017
  • Cottage Country Access Lessons - August 22, 2017
  • Mortgage Fraud: Who Has Priority In A Dispute? - March 29, 2017
    • Professional Involvement
    • Law Society of Ontario
    • Ontario Bar Association (Civil Litigation)
    • The Advocates’ Society
    • Toronto Lawyers Association
    Beyond the Office

    Outside of the office James enjoys spending time with his wife and children, mangling his way through carpentry and other DIY projects, and skijoring on frozen lakes with his German Shepherd.