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  • Article

    Council Resolution Restricting Communications Of Councillor Unreasonable And Punitive

    Municipal governments are said to have the most influence on the day-to-day lives of residents.
    CanadaGovernment, Public Sector
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Agreement Of Purchase And Sale Not Binding Due To Addition Of Unsigned Schedule (Ali v. Patel)

    In Ali v. Patel, 2024 ONSC 3505 (CanLII), the Ontario Superior Court of Justice determined that a binding agreement of purchase and sale had not been formed between a seller...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
Article

City Councillor's Disclosure Of Confidential Material To Own Lawyer Breaches Code Of Conduct

In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective city or town.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Civil Claims Struck Due To Privacy Breach From Unauthorized Access To Text Messages (McCarrell v. McCarrell)

    Canadian law affords constitutional protection to privacy rights. In criminal matters, evidence that is obtained in violation of section 8 of the Canadian Charter of Rights and Freedoms...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim For Riparian Rights To Access Lake Erie Dismissed

    Rivers and lakes in Ontario are Crown lands and the public generally has the right to use and ‘navigate' the waterways. However, the public does not generally have the right to traverse privately-owned property to...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Grants Full Indemnity Costs Following Dismissal Of Frivolous And Fabricated Claim (Kovacevic v. Bank Of Montreal)

    The Superior Court of Justice in Ontario has been faced with significant backlogs for some time, leading to delays in civil matters. A recent decision from the court sends a clear message...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Of Appeal Affirms Refusal To Dismiss Counterclaim On Anti-SLAPP Motion

    Anti-SLAPP motions are a useful tool for obtaining the early dismissal of an action that arises from an expression on a matter of public interest.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Claim Survives Dismissal Under Doctrine Of Absolute Privilege (Drabinsky v. Kepinski)

    The doctrine of absolute privilege may shield communications that are made during the course of legal proceedings from defamation claims.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defaming A Professional Can Be Costly

    The law of defamation is unique in that general damages are awarded at-large. There is no upper ceiling for an award and there is little value to be gained in attempting to compare damages awards...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defendants Who Denied Making Impugned Defamatory Expressions Unable To Utilize Anti-SLAPP Law

    Anti-SLAPP legislation in British Columbia and Ontario is producing interesting decisions and requiring courts to continue to consider the scope of the legislation.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Disbarred Lawyer's Claim Against Bank Dismissed (Murray v. The Toronto-Dominion Bank)

    Claims for negligence or breach of contract against a bank generally require that a plaintiff establish a clear unbroken link between the bank's alleged error and any loss or damage suffered by the plaintiff as a result.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Female Mining Executive's Defamation Claim Against Government Employee Allowed To Proceed

    Ontario and British Columbia are the only two common law provinces that have anti-SLAPP legislation. This legislation permits the early dismissal of claims that involve expressions...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    From Print To Digital Newspapers, The Ontario Libel And Slander Act And Online Newspapers

    As technology continues to usher individuals towards online based content, it has initiated the mummification of printed media, spearheading a new era of online news.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    House Party Drunkenness: Should Parents Be Liable For Catastrophic Injuries Suffered By Guests?

    The recent decision of Hon. Justice Wendy Matheson of the Ontario Superior Court of Justice in Wardak v. Froom, 2017 ONSC 1166 has certainly caused a media sensation and sent tongues wagging on talk radio.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Inadvertent Disclosure And Improper Use Of Privileged Communications

    In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of the content or to whom they sent it.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Interlocutory Injunction Denied For Failure To Provide Undertaking In Damages

    An interlocutory injunction is a powerful and drastic remedy which Courts have said should only be granted sparingly.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Law Firm Ordered To Disclose Client's Banking Information (Stajic v. Wayland Group And Ward)

    Solicitor-client privilege in Canadian law is sacrosanct. Lawyers have a professional duty to maintain and uphold privilege on behalf of their clients unless it has been waived.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer's Letter Protected From Defamation Claim By Absolute Privilege (Neve v. Adams)

    Lawyers writing to third parties for information about their clients' dispute may need to refer to the nature of the allegations at issue against adverse parties.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lender's Failure To Provide Mortgage Discharge Results In Damages For Borrower's Inability To Complete Secondary Transaction (De Rita v. 1266078 Ontario Inc.)

    The failure to provide a mortgage discharge on a timely basis may expose a lender to damages arising from a borrower's inability to access the funds that are tied up with the mortgaged property.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Negligence Claim Statute-barred By Ultimate 15-Year Limitation Period

    Civil claims in Ontario are generally subject to a two-year limitation period, meaning that a plaintiff must start a court action within two years of the event which gives rise to the proceeding.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
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