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  • Article

    No Reasonable Cause Of Action For Alleged Defamation Protected By Absolute Privilege (Lopinski v. Raji)

    Regular followers of my blogs will probably have recognized that they often feature defamation cases and decisions rendered on anti-SLAPP motions. An anti-SLAPP motion (available in Ontario...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Notoriously Bad Movie Leads To Unprecedented Order For Security For Costs Of Trial Judgment

    For perhaps the first time, the Ontario Court of Appeal has ordered an unsuccessful litigant to post security for costs of a trial judgment before being allowed to proceed with an appeal...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Ontario Action Against National Law Firm Stayed In Favour Of Alberta

    A plaintiff has the right to commence a proceeding in a jurisdiction of their choosing. However, this right is not absolute. Where the issues in the proceeding are only weakly connected to the plaintiff's...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Professional Negligence Claim Dismissed Against Lawyer Who Acted On Sale Of Insurance Brokerage Business

    Transaction lawyers often play a central role in the purchase or sale of a business, including the preparation of written agreements and related documentation.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Township's Prescriptive Easement Upheld By Court Of Appeal

    In Paleshi Motors Limited v. Woolwich (Township), 2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Developer Required To Answer Discovery Questions About Misleading Other Buyers

    During the course of litigation, plaintiffs may seek evidence that a defendant has engaged in a similar pattern of impugned conduct with other people who are not involved in the lawsuit.
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Golf Course Liable For Escaping Golf Balls

    Owning a property bordering a golf course comes with the risk that a mishit golf ball might land thereon or, worse, strike a homeowner's house, other object or person and cause damages.
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    40-Year-Old NOSI Does Not Go To Root Of Title (2225064 Ontario Ltd. v. 55 Bradwick Limited)

    Until recently , a Notice of Security Interest (NOSI) could be registered on title to property in Ontario to give notice of a security interest in fixtures attached to land, such as HVAC equipment. The use of NOSIs expanded to include dubious long-term contracts for equipment ranging from water softeners to smart-home thermostats, creating obstacles for homeowners seeking to sell or refinance their properties.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Abandoned Use Of Easement Leads To Loss Of Backyard Parking Pad

    In a densely populated city like Toronto, many older neighbourhoods contain tightly-packed homes separated by narrow easements which provide access to backyard parking areas.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer's Failure To Conduct Due Diligence Defeats Claim For Misrepresentation Against Seller Of Laundry Business

    Buyers of a small business would do well to conduct as much due diligence as a purchase agreement allows concerning the alleged income of the business being purchased.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Entitled To Repudiate Agreement After Discovering Water Damage

    During the period between the time an Agreement of Purchase and Sale (APS) is signed and the completion date, a property being purchased usually remains in the sellers' possession.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyers Bound To Agreement Of Purchase And Sale Negotiated By Family Friend

    Buyers who rely on real estate services provided by a family friend would do well to ensure that they are fully aware of the consequences of entering into a binding agreement of purchase and sale before they...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Condominium Owner Liable For Costs Due To Tenant's Misconduct

    Many condominium units are purchased as investment properties with the owners leasing out the units to tenants.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Cottage Country Access Lessons

    With the 2017 summer cottage season winding down, a recent case involving sparing neighbours reminds us of the importance of ensuring you have some form of legalized road access to your rural retreat.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Of Appeal Affirms That Entire Agreement Clause Is Not Bullet-proof

    Drafting clear, concise and bullet-proof provisions in a contract is an art.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Of Appeal Denies Stay Of Termination Of Commercial Tenancy

    Under Ontario's Rules of Civil Procedure, a party which commences an appeal of a Court Order for the payment of money is entitled to an automatic stay of any provision contained therein...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Homeowner Staves Off Enforcement Of Judgment Against Co-owner's Registered Interest (Brunton V. Lanzarotta)

    Ontario's Land Titles Act is intended to be a true and accurate reflection of the state of title to a property.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Injunction To Stop Neighbour's House Construction Near Escarpment Dismissed

    A property owner's application for an injunction against his neighbour to stop construction of a property which he claimed was in contravention of municipal and conservation authority regulations...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Municipality Restrained From Interfering With Cottage Owners' Use Of Fire-Pit Lands

    The applicants were owners of three cottages among a line of neighbouring lots on the waterfront of Georgian Bay and adjacent to grassy lands between their properties and a beach.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    New Year, New Rules: Construction Act Amendments Explained

    Several amendments to the Ontario Construction Act (the "Act") came into force on January 1, 2026, pursuant to Bill 216, Building Ontario For You Act, and Bill 60, Fighting Delays, Building Fact Act.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 421–440 of 1014 results

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