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  • Article

    Real Estate Agent's "Imperfect" Conduct Was Not Negligent (Duad Inc. v. Shi)

    In disputes between a buyer and seller arising from an aborted transaction, the real estate professionals involved may be dragged into the dispute...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Seller Not Responsible For Zoning Or Future Use Limitations Of A Property

    A recent decision of the Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or future uses of property...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No T3s For Registered Charities' Internal Trusts

    After months of uncertainty for the charitable sector, the Canada Revenue Agency ("CRA")has confirmed that registered charities will not need to file a T3 Trust Income Tax and Information...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Federally Regulated Employers: Are Your Employment Agreements Still Enforceable?

    Federally regulated employers subject to the Canada Labour Code ("CLC") should be mindful of the Ontario Superior Court of Justice's recent decision...
    CanadaEmployment and HR
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Podcast

    Absolute Privilege Or Absolute Overreach: The Sex Tape That Broke Litigation Immunity (Podcast)

    Stephen Thiele and Gavin Tighe unpack a shocking case where a surreptitious sex tape made its way into a family law proceeding, raising serious legal and ethical questions.
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Is There Such A Thing As TMI? What, With Whom, And When Should A Trustee Share Information?

    These concerns are frequently shared by clients when preparing trusts under their Wills (which come into existence following their death) or when establishing a family trust (which are created during the client's lifetime).
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Discipline Matters Before The College Of Chiropractors Of Ontario (CCO): A Defence Lawyer's Perspective

    As legal counsel for chiropractors, we are often asked questions about what happens when a chiropractor is referred to the Discipline Committee of the College of Chiropractors of Ontario (the "CCO").
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Role Of Medical Staff Associations At Public Hospitals

    In Ontario, all public hospitals are required to have a medical staff association ("MSA"),[1] which consists of all physicians who possess appointments at the hospital.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Adverse Costs Policy Is Not Privileged Or Confidential; Full Policy Ordered To Be Produced (Spencer v. Martin And Hillyer)

    Advertisements for personal injury firms often use the phrase "you don't pay unless we win". This usually means that a law firm will bear the full cost of the file...
    CanadaInsurance
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Anonymization And Sealing Requests In Ontario Civil Proceedings

    Closed proceedings, sealing orders and publication bans are rare in civil actions in Ontario.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Declines To Order Production Of Years Of Text Messages Between Plaintiff And Late Spouse (Howell, McDonnell v. Freire, Aviva Insurance, Echelon Insurance)

    In Howell, McDonnell v. Freire, Aviva Insurance, Echelon Insurance, 2024 ONSC 586, the Superior Court of Justice of Ontario declined to order production...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Designated Beneficiaries Of Registered Accounts Must Be Expressly Revoked

    Estate litigation often centres around determining the intentions of a testator. Since a deceased testator can no longer explain their intentions, some provisions in the Ontario...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Execution Before Judgment Rejected In Claim Arising From Aborted Transaction (Leanne Homes Limited v. Singh)

    In Ontario, it may take several months to years before a plaintiff obtains judgment against a defendant in the civil courts, even in a straightforward debt claim.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer Escapes Contempt Consequences After Using AI-generated Case Law (Ko v. Li)

    In a follow up to the decision we discussed in Factum containing fake case law likely generated by AI submitted in Ontario litigation (Ko v. Li)...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Breach Of Privacy And Unauthorized Access To Electronic Information In Spousal Dispute (Chen v. Huang)

    While it may be commonplace for spouses to share access to computers and online accounts in a matrimonial home, one has a right to a reasonable expectation of digital privacy...
    CanadaPrivacy
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Cabinet Mandate Letters Protected From Disclosure (Ontario (Attorney General) v. Ontario (Information And Privacy Commissioner))

    Democracy is a delicate form of government because it constantly tests the outer limits on multiple policies and engenders vigorous debate.
    CanadaPrivacy
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Failure To Mitigate By Sellers In Failed Real Estate Transaction (Singh And Kaur v. Feneich)

    Cases arising from failed residential real estate transactions in a falling market continue to affirm that a buyer who breaches an agreement to purchase a property...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Empire Strikes Back: Attorney General Of Canada Files Response In Tavares' Appeal

    The captain of the Toronto Maple Leafs (the "Leafs"), John Tavares ("Tavares"), is currently in the process of appealing a Notice of Reassessment that was issued by the Canada Revenue Agency ("CRA")...
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Underused Housing Tax And Reporting Requirements For "Effected Owners"

    The Underused Housing Tax (the "Act"), which came into effect on January 1, 2022, introduces an annual 1% tax on the value of vacant or underused residential property in Canada...
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Can Statements By Client-Facing AI Chatbots Bind Their Owners? (Moffatt v. Air Canada)

    More and more corporations are using client-facing Artificial Intelligence Chatbots to respond to client inquiries. Although these Chatbots can enhance customer service...
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP

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