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  • Article

    Online Reviews, Freedom Of Expression And Anti-SLAPP Legislation: 910938 Ontario Inc v Moore

    Consider a time when you had a terrible customer service experience while shopping, going to the dentist, or grabbing a bite to eat with some friends.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Presumptive Costs Award Under Anti-SLAPP Law Granted Against Maxime Bernier

    Defamation actions that involve matters of public interest can be risky because under section 137.1 of the Courts of Justice Act ("CJA") a defendant can move to get the action dismissed at...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyers' Liability To Sellers In Aborted Real Estate Closings

    "The factual background to this summary judgment motion is a sad story that has frequently been retold in courtrooms across the land with the same tragic ending."...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Commission Not Owing To Agent Under Conditional Agreement Of Purchase And Sale

    Often, an agreement to purchase real estate will have a conditional period to allow for various steps to be completed by either the buyer or seller.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Date Of Breach Of Contract Affirmed For Assessment Of Buyer's Damages

    At issue was the date to be used to assess the buyer's damages resulting from the seller's failure to complete the transaction.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Father's Contribution Towards Purchase Of Property Was A Gift Not A Loan (Klemensiewicz v. Klemens)

    Due to the high cost of residential real estate in Ontario, many buyers require financial assistance from family members.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Former Agriculture Minister Not Required To Testify

    Despite courts moving to electronic hearings whereby theoretically a witness could appear virtually from anywhere in the world, provincial statutes still have rules that protect out of provinces...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Landlord Considerations: To Term Or To Terminate

    On February 18, 2026, the Supreme Court of Canada will hear the appeal of Canada Life Assurance Company v Aphria Inc. [1] In this momentous hearing, the Court will be asked to decide whether commercial landlords...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Misrepresentation In Square Footage Leads To Rescission Of Agreement Of Purchase And Sale

    A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ontario resulted in the rescission of the Agreement of Purchase and Sale ("APS") and the return of the $50,000 deposit: Issa v. Wilson.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Collusion Or Bad Faith By Private Mortgagee And Co-owner (1000249084 Ontario Inc. v. Andazesgishahr)

    Rights between co-owners of a property and their lenders are generally subject to the contracts they have made.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Real Estate Agent Not Liable For Taking Instructions From Buyer's Spouse

    Real estate agents often represent co-owners or potential buyers during the course of a transaction and at times they may receive communications from only one of the clients. In such cases, agents should...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Specific Assignment Of Lease

    Commercial real estate mortgage lenders in Ontario require a comprehensive security package to safeguard their investment. One critical component of this package is the assignment of leases.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Dealing With Digital Assets On Death: An Update Who Owns Them? Who Can Access Them? What Can Be Done To Protect Them?

    Of a capped total of 21 m. Bitcoins, 18.77 m. have been "mined"...
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyers Face Court Sanction For Relying On "Bogus" Cases Produced By ChatGPT

    Artificial intelligence has been defined as "the simulation of human intelligence in machines that are programmed to think and act like humans."
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Make A List And Check It Twice: Are Your Cyber Programs Naughty Or Nice?

    As 2025 draws to a close, the end of the year offers a valuable opportunity for supply chain intermediaries – including shippers, freight brokers, freight forwarders...
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim For Road Access Act And Prescriptive Easement To Landlocked Property Dismissed

    In Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 (CanLII), the Court of Appeal for Ontario affirmed that the appellants had no right to cross the respondents' land to get to their otherwise landlocked property.
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Compliance Order Obtained Against Condominium Owners For Unruly Behaviour And Refusal To Wear Masks

    Living in a condominium requires a balancing of interests between the residents and compliance with the rules and by-laws that govern the community.
    CanadaCompliance
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Declaration Of Vacancy Of Council Member's Seat Not Stayed Pending Councillor's Appeal

    On November 29, 2021, I wrote a Gardiner Roberts LLP "Keeping Current" article on the decision in Corporation of the Township of Brudenll, Lyndock and Raglan (Integrity Commissioner) v. Budarick, 2021 ONSC 7635 (CanLII).
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Transportation Broker Liability In The U.S.A. – Avoiding Nuclear Verdicts V2

    Canadian trucking companies and Canadian transportation brokers are always at risk for nuclear verdicts for their operations when they go into the Unites States of America.
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Nova Scotia Court Prevents Anti-Masking Protest From Happening

    This past weekend, despite Ontario's stay-at-home order, there were two major public protests in Toronto. On late Saturday afternoon (May 15th) an estimated crowd of 2,500 to 5,000 people gathered at Nathan Phillips Square...
    CanadaCoronavirus (COVID-19)
    Gardiner Roberts LLP
    Gardiner Roberts LLP

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