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  • Article

    Cottage Islanders' Association Denied Proprietary Estoppel Claim For Control Over Municipal Docks (Grape Island Property Owners Association Inc. v. Corporation Of The City Of Orillia)

    The dispute in Grape Island Property Owners Association Inc. v. Corporation of the City of Orillia, 2025 ONSC 1480 involved a property owners association of cottagers and full-time residents...
    CanadaEnergy and Natural Resources
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Neighbour Liable For Over $505,000 In Damages Caused By Water Nuisance (Warren V. Gluppe)

    Neighbours owe each other a duty of care not to cause damage to the other's property. One of the major sources of potential damage is water flooding from sump pump run off
    CanadaEnergy and Natural Resources
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Attorney General Of Canada Fails To Land Knockout Punch Against Application On Climate Change (Maltais v. Minister Of Environment)

    Although there is debate about whether the world is suffering from climate change, according to a 2024 United Nations survey, 80 percent of people worldwide want their country to do more about it. Based on measurements of the world’s glaciers, there is certainly scientific evidence that they have receded each year for the past 37 years and that they are melting faster than ever.
    CanadaEnvironment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Parent's Claim To Recover Home Transferred To Daughter Dismissed

    Property is often transferred between family members without money exchanging hands. There are many reasons for doing so, including estate planning...
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Protecting The Justice System From Vexatious Litigants (Ottawa Police Services Board v. M.(D.))

    The justice system is an important institution in a well-functioning democracy. Among other things, an efficient justice system upholds the rule of law, protects rights, and promotes social stability.
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Unfulfilled Promise To Transfer Family Property Upheld By Court Of Appeal For Ontario

    The father gave his son a portion of the land and encouraged him to build a house for him and his family.
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Who Gets The Dog? Court Endorses Broader Ownership Considerations For Pets

    On a day when travelers are learning that Air Canada has barred emotional support animals from planes, it is worth remembering that in the eyes of the law pets have traditionally been treated...
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Expansion Of The CCO Public Register, ON Chiropractic - Spring 2017

    In 2016, the College of Chiropractors of Ontario (CCO) made a number of revisions to its By-Law 17: Public Register...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Charter Right To Bicycle Lanes (Cycle Toronto v. Ontario (Attorney General))

    The Ontario Court of Appeal has overturned a lower court ruling that found the provincial government's legislation to remove bicycle lanes from major Toronto streets unconstitutional. The decision addresses fundamental questions about the separation of powers between courts and legislatures, and whether the Canadian Charter of Rights and Freedoms creates positive obligations for governments to maintain infrastructure like bicycle lanes.
    CanadaGovernment, Public Sector
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    What's In A Name? Everything If It Is A Registered Trade-Mark!

    At the end of November, the new National Hockey League franchise awarded to Las Vegas unveiled, along with a logo, that the team would be named the "Vegas Golden Knights".
    CanadaIntellectual Property
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    $500,000 In Damages Awarded For Comments About Yellow Ferrari's Ownership

    Cars are a tremendous invention. Historically, among other things, cars changed the way that people travelled and reduced significantly the travel time between destinations.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    A Lawyer's Office Is Not A Drop Box For Service (Yuk-Shum v. Jiang)

    Service of an originating process, like a statement of claim, or other court documents is, in general, governed by the Rules of Civil Procedure.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim Against Lawyer Dismissed Following Borrower's Default In Asset Sale (899755 Alberta Ltd v Herter)

    When a client sues their former transaction lawyer for professional negligence, the issue is often the extent or scope of the duty owed to the client at the time of the lawyer's retainer.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim For Defamatory Tweets Dismissed

    Can one who freely wades into the choppy waters of Twitter complain about getting splashed? So asked the Ontario Superior Court of Justice in a recent case involving allegedly defamatory tweets...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim For Ineffective Assistance Of Counsel Dismissed As A Collateral Attack (Mann v. Royle)

    In some cases, the doctrines of collateral attack and abuse of process may be invoked to strike a claim where a plaintiff has failed to pursue remedies...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Conviction Set Aside Due To Ineffective Assistance Of Trial Counsel

    In R. v. Trought, 2021 ONCA 379 the Court of Appeal for Ontario ordered a new trial for a man convicted of possession of cocaine for the purposes of trafficking on the basis...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Counsel’s Threat Of Civil Proceedings Results In Mistrial Of Criminal Conviction Against Frank Stronach (R. V. Stronach No.5)

    After a trial in 2026, Frank Stronach was found guilty of two sexual offence charges for incidents that had occurred some 40 years earlier. Following the conviction, but before sentencing, one of the complainants had a civil lawyer write to Mr. Stronach’s criminal lawyer to threaten a civil claim for damages of almost $1 million
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Courts Rejects Corporation's Motion To Be Represented By A Consultant

    Our justice system is designed to work efficiently and to adhere to the highest principles of integrity. In general, parties appearing before a court must either be represented by a ...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Basics And Pre-Trial Disposition Motions

    We have written a lot about defamation cases on this blog and the pre-trial disposition of defamation actions under section 137.1 of Ontario's Courts of Justice Act.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Claim Defeated As The Statements Were Substantially True

    Sometimes the most efficient way to defeat a defamation claim is to prove the defence of justification—namely, that the impugned statements that are alleged to be defamatory were substantially true.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 461–480 of 1014 results

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