ArticleOntario Business Registry Launches October 19, 2021On October 19, 2021, the Ontario Ministry of Government and Consumer Services (the "Ministry") will open the online Ontario Business Registry ("OBR"). CanadaCorporate/Commercial LawGardiner Roberts LLP
ArticleThree Tips For Ontario Not-for-Profit Corporations As ONCA Deadline ApproachesThe transition deadline to comply with the Not-for-Profit Corporations Act, 2010 (Ontario) ("ONCA") is quickly approaching. The ONCA came into effect on October 19, 2021, and applies automatically...CanadaCorporate/Commercial LawGardiner Roberts LLP
ArticleArbitration Clauses In Employment Agreements: Are They Enforceable?It may serve as a practical impediment to an employee seeking redress.CanadaEmployment and HRGardiner Roberts LLP
ArticleChanges In The Law To Encourage Diversity In The Workplace"Changes In The Law To Encourage Diversity In The Workplace" - Presented by: Arlene O'Neill, Partner - May 17, 2018.CanadaEmployment and HRGardiner Roberts LLP
ArticleCity Councillor Not An Employee Of City (Ras v. Mississauga (City))Although elected representatives are paid a salary by the government they respectfully represent, this does not mean that they are employees of that government or are entitled to damages...CanadaEmployment and HRGardiner Roberts LLP
ArticleRe-capping Gardiner Roberts LLP's First PDAC Breakfast ConferenceOn Wednesday, March 8, 2023, Gardiner Roberts LLP hosted distinguished guests from Brazil, Finland, and Atlantic Canada during the Prospectors & Developers Association of Canada ("PDAC") Convention.CanadaEnergy and Natural ResourcesGardiner Roberts LLP
ArticleRecovering Online Legal Research DisbursementsIn previous blogs, I have written about the careful scrutiny given by courts to claims for costs for online legal research incurred during a proceeding. CanadaFamily and MatrimonialGardiner Roberts LLP
ArticleEquitable Mortgage Principles Affirmed By Ontario Court Of Appeal (Greenspan v. Van Clieaf)In Greenspan v. Van Clieaf, 2023 ONCA 681 (CanLII), the Ontario Court of Appeal affirmed that a lender may be entitled to an equitable mortgage where funds were advanced...CanadaFinance and BankingGardiner Roberts LLP
ArticleCase Study: Nevsun Resources Ltd. v. Araya, 2020 SCC 5Slavery, forced labour, cruel and degrading treatment and crimes against humanity have long been recognized as prohibited conduct under the norms of customary international law.CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleCivil Conspiracy Established Against Directors Of Shell Company For Loss Of InvestmentThe Ontario Court of Appeal has confirmed that liability for civil conspiracy may arise from the "constructive intent" of a defendant to cause harm even if they are not in direct communication...CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleClaims Struck For Litigants' Failure To Pay Costs (Dunning v. Colliers Macaulay Nicolls; Condoman Developments v. Cannect International Mortgage)Perhaps one of the more frustrating aspects of litigation is the inability to collect outstanding funds owing by an adverse party. While there are steps available to enforce monetary judgments after trial...CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleCollecting Legal Fees: The Small Claims Court Is Back In BusinessFor the past few years, the courts have grappled with the issue of whether the Small Claims Court has jurisdiction to hear cases about the collection of unpaid legal fees. CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleComplaint About Orthodox Priest Meets Public Interest Threshold For Anti-SLAPP Motion (Rajic v. MacDonald)The initial threshold of a motion to dismiss an action under Ontario’s anti‑SLAPP legislation is whether the proceeding arises from an expression relating to a matter of public interest.CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleCourt Orders Removal Of Facebook Posts Under Cyber-Bullying LawThe use of social media to threaten, intimidate or harass someone is an obvious cause of concern in our society. Young people are particularly vulnerable to social media harassment...CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleCourt Removes Lawyer From Record Due To Delays And Failure To Abide By Court Orders (Al-Hasnawi v. Hamilton (City)While litigants generally have the right to be represented by counsel of their choosing, there are circumstances where a court will prohibit a lawyer from continuing to act in a matter. CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleCourt Sets Aside Non-Competition InjunctionAn injunction that prevents a person from competing with a former employer can be devastating to the party subject to the injunction.CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleDefendant Ordered To Produce Documents Encompassed By "Circle Of Privilege" (Will Murray & Associates V. Nader Fakih)During the course of litigation, parties are generally required by the Ontario Rules of Civil Procedure to produce all documents that are relevant to the issues in dispute.CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleDeveloper Can't Charge Buyer For Adjustments Not Included In Agreement Of Purchase And Sale (Bellisario v. 2200 Bromsgrove Development Inc.)Over the past few years, there have been several media reports of developers in Ontario attempting to levy charges against buyers for various matters that were not included in the original purchase price.CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleDiscipline Matters Before The Ontario College Of Pharmacists (OCP): A Defence Lawyer's PerspectiveAs legal counsel for pharmacists, we are often asked questions about what happens when a pharmacist is referred to the Discipline Committee of the Ontario College of Pharmacists (the "OCP").CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleDuty Of Professionals To Respond Promptly And Cooperatively With RegulatorsThe Ontario Court of Appeal has confirmed that professionals have a duty to cooperate promptly and fully with their regulator during the course of an investigation.CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP