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  • Article

    Bill C-47 Increases Limits Of Liability For Marine Accidents

    On June 22nd, 2023 Bill C-47 received Royal Assent. The legislation entitled "An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023" S.C. 2023 c. 26 contains provisions...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Can Employment Lawyers Request Notice Periods At Trial In Excess Of What Was Pleaded?

    Can Courts award larger notice periods than what was originally requested in the pleadings? The Ontario Court of Appeal's recent decision of Lynch v. Avaya Canada Corporation, 2023 ONCA 696...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Upholds Removal Of Lawyers Who Will Be Witnesses

    Lawyers are obligated to avoid acting on matters where they have a conflict of interest.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Podcast

    He Shoots, He's Charged? How Far Is Too Far In Contact Sports (Podcast)

    Gavin Tighe and Stephen Thiele unpack the legal chaos surrounding violence in hockey, sparked...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    In The Aftermath Of Uber V Heller: Balancing Contractual Freedoms With Access To Justice

    On June 26, 2020, the Supreme Court of Canada released its decision on Uber Technologies Inc. v Heller regarding the enforceability of mandatory arbitration clauses...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Podcast

    Justice Served: The Widow Who Defeated The Bank (Podcast)

    In this episode, Stephen and Gavin dive into the gripping legal battle between a powerful Canadian bank and an elderly widow over a disputed $50,000 credit card debt.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lake Access Easements Should Be Carefully Scrutinized Prior To Purchase

    The appellant, Markowski, bought a property by Lake Waseosa, north of Huntsville.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Late Document Disclosure May Cause Trial Delays, Adjournments, And Dismissals

    Parties involved in civil litigation are required to produce all relevant documents in their possession, control or power to the opposite side.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Reasons Required For Using Lawyer Review Clause To Terminate Transaction (Yui v. Yan)

    In cooling real estate markets, it may be increasingly common for buyers to include various conditions in an Agreement of Purchase and Sale (APS) allowing them to take the time to consider...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    President Of Queen's Privy Council For Canada To Be An "Adverse Witness" In Potato Farmer's Case

    The examination of witnesses at a trial is governed by certain basic rules.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    When Judges Become Social Engineers (Podcast)

    Gavin and Stephen examine the Waterloo homeless encampment decision as a major example of courts moving beyond traditional Charter review and into the realm of public policy design.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Podcast

    Google Got Summoned: Digital Privacy And Political Speech In Canada (Podcast)

    Winner of a 2026 Mondaq Thought Leadership Award, hosts Stephen Thiele and Gavin Tighe examine highly contentious public cases in Canada, exploring the intersection between law and politics where courtrooms become part of the political arena. Each episode digs into current legal topics and battles, providing insight into how courts function in democracy and why their decisions matter to society.
    CanadaPrivacy
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    1-Minute Read For Commercial Mortgage Lenders: Beneficial Ownership vs. Registered

    Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Unconscionability In Real Estate Transactions Post-Uber

    In Forest Hill Homes (Cornell Rouge) Limited v. Wei, 2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada's recent review...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    CRA Extends The Underused Housing Tax Deadline To October 31, 2023

    On January 1, 2022, the Underused Housing Tax Act1 (the "Act") came into effect. The Act requires certain owners of residential property in Canada to pay an annual underused housing tax (the "UHT")...
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    How GST/HST Works On Multi-Residential Rental Construction?

    For commercial mortgage lenders financing in-progress or newly completed multi-residential rental or retirement projects in Ontario, it is important to understand how GST/HST applies at completion.
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Is A Company Liable For Its AI Chatbot Telling A Customer To Phone A Scammer?

    Client-facing Artificial Intelligence chatbots are being used more and more frequently by corporations to respond to client inquiries. These artificial intelligence programs, able to string together coherent sentences.
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Podcast

    The Tumbler Ridge Tragedy: Is AI Above The Law? (Podcast)

    What happens when a technology designed to serve humanity becomes complicit in its destruction? This episode confronts one of the most unsettling legal frontiers of our time: the intersection of artificial intelligence, tort liability, and the duty to warn.
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Who Is Liable When An AI Chatbot Tells A Customer To Phone A Scammer?

    Use of AI chatbots as an alternative to traditional customer support has dramatically increased over the last few years.
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Enforcement Under The Towing And Storage Safety And Enforcement Act Is Strict And Unforgiving

    The new towing regime in Ontario is now in effect with the changes to the Towing and Storage Safety and Enforcement Act ("TSSEA") and its accompanying regulations in force since January of this year.
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP

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