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  • 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
  • Article

    Estate's Claim To Recover $700,000 Gift From Elderly Man To Fiancée Dismissed

    We have previously written about gratuitous transfers of real estate between family members, and the requirement on the recipient's part to prove that the transfer was intended to be a gift...
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Cannabis, Compliance and Trust

    Health Canada is investigating CannTrust for growing over ten thousand kilograms of cannabis in unlicensed rooms between October, 2018 and March, 2019.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Complaint About Changes To Greenbelt Plan Against Premier Ford Not Worthy Of Inquiry

    Premier Doug Ford continues to be the target of Integrity Commissioner complaints by opposing members of Ontario's legislators. Although there is value in having a complaint process to oversee...
    CanadaGovernment, Public Sector
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    God's Law Is Not Supraconstitutional

    Although Part 1 of Canada's Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11 references "the supremacy of God", this does not in any way mean that the law of God...
    CanadaGovernment, Public Sector
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Insurers Should Be Aware That Two Vehicles Independently Colliding May Still Be Considered Part Of The Same Incident For SABS Purposes

    In the recent Court of Appeal decision of Ontario (Government and Consumer Services) v. Gore Mutual Insurance Company, 2023 ONCA 433 (CanLII), the Court upheld a lower Court...
    CanadaInsurance
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Amendments To Professional Negligence Claim Denied Following Tardy Expert Report

    Pleadings frame an action and determine the evidence that will be called at trial. The rules of pleadings generally require that a concise statement of the material facts be provided...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim Against Google For Hosting Defamatory Reviews Allowed To Proceed

    Online search engines such as Google allow businesses to market their services to a wide customer base.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim Struck Against Individual Employee Of Corporate Defendant (Soneri Invest v. Shell Canada)

    In some claims against corporate defendants, plaintiffs may also seek to include individual representatives or employees as defendants. Before including an individual as a defendant...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Action Against Law Society Treasurer Transferred From Small Claims To Superior Court (Horvat v. Goldstein)

    Litigants seeking damages in an amount of $35,000 or less may bring their claim in the Small Claims Court, which generally provides a faster and cost-effective forum for simple legal disputes.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Judgment Upheld Against Pseudonymous Online Poster

    The plaintiffs were a pharmaceutical company who shares were listed on the TSX Venture Exchange and the US over-the-counter market OTCQB, as well as the company's CEO and CFO.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Golf Game Survives Homeowners' Request For Mandatory Interlocutory Injunction

    Owning a home neighbouring a golf course is a desirable thing. A golf course provides significant green space in a neighbourhood, and, among other things, provides an adjacent homeowner...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    HBC's Efforts To Withhold Rent Due To Landlords' Failure To Maintain "First Class" Shopping Centres

    During the COVID-19 pandemic, with consumers leery of indoor shopping and retailers being forced to keep their doors closed due to health regulations, many commercial tenants are staring down...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Injunction Against CBC Denied In Contractor's Defamation Claim (Evangelisti v. Canadian Broadcasting Corporation)

    A party seeking an injunction to prevent a broadcaster from publishing a story about them will face significant obstacles due to the principles of freedom of expression in Canada...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Injunction Granted To Hotel To Enforce Noise By-Law

    Potential harm to a hotel's online reputation for providing a quiet night's sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyers Should Be Prepared At Case Conferences (Think Research Corp. v. N & M Medical Enterprises)

    The backlog of cases in Ontario's civil justice system has, for some time, raised alarms about the health of this important democratic institution and questions about access to justice.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Municipality Improperly Abandoned Ratepayers By Failing To Oppose Application For Legal Non-conforming Use Of Lakeside Land

    Some municipal zoning restrictions are intended to address local planning needs for commercial and residential purposes, while other zoning controls may be intended for purposes such as...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP

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