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  • 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

    Breach Of Privacy Claim Dismissed Where Unauthorized Access Was Fleeting And Incidental

    From 2007 through 2016, a nurse in Ontario stole opioids from her hospital employer on an almost daily basis, during which time she accessed the individual records of over 11,300 patients.
    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

    Buyers' Liability To Sellers In Aborted Real Estate Transactions - Part 2

    We have previously addressed a number of circumstances in which buyers unsuccessfully attempted to back out of a binding Agreement of Purchase and Sale (APS)...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Of Appeal Affirms Judicial Notice Of Anti-black Racism In Granting Relief From Forfeiture

    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 stopped a commercial landlord...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Dispute Between Neighbours Over Fence Location Results Liability For Trespass

    Fences may make good neighbours but not when they can't agree on where the fence should be located.
    CanadaReal Estate and Construction
    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

    Tax Planning Opportunities In A Depressed Market

    The recent decline in financial markets may present opportunities to obtain refunds of tax paid in prior years.
    CanadaTax
    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
  • Article

    Ontario Government Introduces Plan To Connect All Ontarians With Primary Care

    On January 27, 2025, the Ontario Government announced that it will be investing $1.4 billion in new funding to connect every Ontarian with a family physician or primary care team within the next four years.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Promises And Pitfalls Of Implementing The Internet Of Things Devices In Trucking

    The Internet of Things ("IoT") technologies in the context of trucking refers to the integration of physical assets – such as trucks, trailers, and even cargoes – to the internet in the form of various sensors and devices.
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    92-year Old Minority Shareholder Obtains Oppression Remedy

    In V.M. Koury Investments Ltd. v. Bolton Steel Tube Co. Ltd., 2021 ONSC 3408 (CanLII), the 92-year old applicant owned 30%...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer’s Alleged “Family And Friends Deal” With Builder Ordered For New Trial (Curridor v. Millstone Homes Inc.)

    Sometimes deals are too good to be true. In Curridor v. Millstone Homes Inc., 2026 ONCA 571, a buyer claimed that he was entitled to buy a newly built property in Komoka, Ontario from a builder for the cost of construction under a special “friends and family deal.”
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Reinstates Ousted Directors Of Not-For-Profit Corporation (Lewis v. Niagara Regional Native Centre)

    Directors were removed from the board of a not-for-profit corporation by a motion supported by loud "cheers, whoops, and yeahs" – but was their removal valid?
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Non-share Capital Corporations In Ontario Have One Year Left To Update Key Corporate Documents

    Non-share capital corporations in Ontario have just one year left to update their by-laws and other governing documents to be compliant with new not-for-profit legislation..
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Now In Effect: Amendments To Ontario Charities And Not-For-Profit Laws

    On November 14, 2017, Bill 154, Cutting Unnecessary Red Tape Act, 2017 ("Act"), received Royal Assent.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP

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