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  • Article

    Subpoena Issued For Political Objectives Quashed

    A subpoena is a court order, usually issued as a matter of course based on a lawyer's request, for a person to appear at a specified time and place to provide testimony in a court proceeding.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    When Enough Is Enough: Request For Liquidator To Conduct Claims Process Denied On Basis Of Issue Estoppel (Vastis v. Kommatas)

    In contentious litigation, adverse parties often engage in multiple rounds of litigation, whether that be motions, trials or appeals. A party may attempt to re-argue issues addressed...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Will 2026 See The End Of Driver Inc.?

    Worker misclassification is an ongoing issue in many workplaces and industries. Both provincial and federal employment standards legislation include prohibitions...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Claim Against Twitter Allowed To Proceed In British Columbia

    When defamatory statements are alleged to have been transmitted internationally via social media, the question of where to start a lawsuit is often a key issue.
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Fails To Prove Property Re-sold For Improvident Price Following Aborted Transaction

    In collapsing real estate markets, buyers who fail to complete a purchase may face liability vastly exceeding any deposit they may have paid.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Fails To Prove Property Re-Sold For Improvident Price Following Aborted Transaction (Switzer v. Petrie)

    In collapsing real estate markets, buyers who fail to complete a purchase may face liability vastly exceeding any deposit they may have paid. In most cases, the seller will be...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyers' Liability To Sellers In Aborted Real Estate Closings - Part 1

    "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

    Buyers Not Allowed To Terminate Purchase Due To Size Misdescription Or Building Permit Concerns

    While the discovery of misdescriptions as to the size of a property or unpermitted renovations may allow a buyer to terminate a purchase transaction, that is not always the case.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Can A Real Estate Agent Be Liable For A Tenant's Damages? (Carola V. VIP Reality Inc.)

    In addition to acting on purchases and sales, real estate agents may be engaged to find tenants for their clients. The services provided in this regard can include listing the rental property and vetting potential tenants.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim For Adverse Possession Of Land Against An Unknown Owner

    A claim for title by adverse possession can grant property rights to a non-owner of land resulting from their use or occupation of the lands over an extended period of time.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lack Of Written Contract For Home Construction Project Results In Dispute With Contractor

    Major home construction projects involve a substantial investment of time and money. There is typically a high amount of stress involved for homeowners over the scope of the work to be performed...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Neighbour Ordered To Remove Obstructions On Mutual Driveway

    As we discussed in a previous blog, an easement may become abandoned as a legal right as a result of prolonged lack of use.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Duty Of Care Owed By Seller To Confirm Buyers Had Financing In Place

    Cases arising out of the 2017 market correction in the Greater Toronto Area continue to result in decisions favouring innocent sellers and substantial damages awarded against defaulting buyers.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Partition Act Application Denied Due To Oppression (Stothers v. Kazeks)

    When properties are owned by two or more persons, situations may arise when one of the owners wishes to sell the property contrary to the wishes of the other. The Ontario Partition Act provides a way for joint...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Plaintiff Fails To Prove Notary Public's Error Was The Cause Of Losses From Real Estate Transaction

    In a professional negligence claim, a plaintiff must establish not only that a defendant breached the applicable standard of care but that the breach was the factual cause...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Porch Bandits - Adverse Possession Remains Alive And Well In Toronto

    The doctrine of adverse possession remains alive and well in Toronto despite the conversion of most properties into the Land Titles registry system many years ago.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Restrictive Covenants And Short-term Vacation Rentals

    Owning a condominium unit that can be leased for short-term vacation rentals can be exciting.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Sale Of Partnership Property Allowed Despite Lack Of Authorization And Disclosure

    Ioannidis v. Ioannidis, 2022 ONSC 3942 (CanLII), is a cautionary tale of siblings who owned an investment property without a written partnership or trust agreement.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    A Carrier's Knowledge Is The Key To Consequential Losses In Cargo Claims

    Motor carriers will be intimately familiar with the limits of liability for cargo damage and loss. Across Canada, the uniform rules of carriage generally provide for a limit of liability of $2 per pound...
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Federal Court Of Appeal Upholds Canadian Transportation Agency Decision To Allow CN To Construct Railway Line In The Town Of Milton - Halton (Regional Municipality) v. Canada (Transportation Agency), 2024 FCA 122 (CanLII)

    The Canadian National Railway Company applied to the Canadian Transportation Agency under subsection 98(2) of the Canada Transportation Act, S.C. 1996, c. 10...
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 361–380 of 1014 results

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