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  • Article

    Does A Bank Have A Duty To Warn A Customer Before Carrying Out A Suspicious Transaction?

    If a customer walks into a bank and asks a teller to carry out a certain transaction, does the bank owe the customer a duty to stop them? In what circumstances does a bank owe a customer any duty to...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer Removed As Counsel Of Record For Non-profit Corporation (Fodjo v. NufiCanada)

    Lawyers owe a duty of loyalty to their clients. Effective representation of a client's interests may be compromised where a lawyer is tempted to prioritize the interests of others over those of their client.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Lawyer Who Is Necessary Witness At Trial Removed From The Record (Bahrami V. Jagtoo)

    Canadian law recognizes the fundamental importance of a litigant’s right to counsel of their choice and the principle that a litigant should not be deprived of their choice of counsel, absent good cause.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyers Obtain Interlocutory Injunction To Stop Defamatory Social Media Posts (Leeb v. Kenny)

    As we have previously discussed, online defamation and harassment have become a major issues in Canadian society. Given the notoriously slow speed of civil proceedings...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Limitation Period Avoided: Claims Of Republication Of Libel By Third Party Allowed To Be Added Action Because Stories Were On Internet

    Across the country, limitation periods have been enacted to regulate the time in which an action can be commenced.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Negligence Claim Against Lawyer Who Obtained Restraining Order Against A Non-party Dismissed

    The restraining order had been granted in an acrimonious family law dispute that involved the plaintiff's sister and her husband, SC.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Plaintiffs Obtain Norwich Order For Disclosure Of Name Of Confidential Informant (Taylor V. Metrolinx)

    Parties who wish to obtain information that is necessary for the commencement of proceedings, such as the identities of proposed defendants, may seek assistance from the court...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Proposed Danforth Shooting Class Action Against Smith & Wesson Relating To Authorized User Technology Allowed To Proceed

    In July 2018, a loan gunman shot and killed two people on a busy street in Toronto and injured several others in a notorious incident known as the "Danforth Shooting."
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Real Estate Agent's Defamation Claim Survives Anti-SLAPP Motion

    The Plaintiff, Niu, was a well-known, Chinese-speaking, real estate agent in Oakville, Ontario, with a base of Chinese-speaking clientele.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Real Estate Agent's Defamation Claim Survives Anti-SLAPP Motion

    In Niu v. Cao, 2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning her professional reputation.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Self-defence Prevails In Recreational Hockey League Stick-swinging Incident

    Hockey is one of Canada's most popular sports. From a young age, many children are taught how to skate and are either registered in organized ice hockey leagues or play ice or street hockey with neighbourhood friends.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Specific Performance Ordered In Dispute Between Father And Son Over Family Home (Gill v. Gill)

    In some cases where a seller has breached an agreement to transfer title to a property, a buyer may seek an order for "specific performance"...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Supreme Court Of Canada Strengthens The Judgment Creditor Tool Box

    Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when privacy legislation stands in the way of pursuing certain remedies.
    CanadaPrivacy
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Builder, Surveyor, And Municipality Liable For Encroachment Of Dwelling Built On Neighbour's Land (Armstrong v. Penny)

    In Armstrong v Penny, 2023 ONSC 2843 (CanLII), the Ontario Superior Court of Justice addressed a homeowners' nightmare scenario arising from the discovery that their residence...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Fails To Tender By Withholding Full Purchase Price (1785192 Ontario Inc. V. Ontario H Limited Partnership)

    A buyer who wishes to dispute whether a seller has completed their obligations leading up to closing may wish to withhold the full amount of the agreed-upon purchase price.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Check Before You Rent

    With Toronto still in the middle of a condominium boom and more people buying condominium units for investment purposes, particularly for short-term rentals, it is important to review...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Contributions To Multi-Generational Home Does Not Constitute Unjust Enrichment (Sidhu v. Sidhu)

    A growing trend in home use is multi-generational housing, which is, as the term implies, multiple generations of a family living together within the same home.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Refuses To Impose 5 Pm Deadline For Delivery Of Real Estate Closing Proceeds

    Real estate transactions may be scheduled to be completed by a certain time of day, depending on the wording of the Agreement of Purchase and Sale (APS).
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Failure To Adduce Expert Evidence In Professional Negligence Claim Fatal To Plaintiff (Korlyakov v. Riesz)

    A key element in a negligence action is the definition of the standard of care. In order to determine if a defendant has breached the standard of care...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Hydro One Loses Prescriptive Easement Claim Over Private Access Road

    Easements that are intended to provide utility companies with access to maintain and service the utilities they provide are common features of many properties in Ontario.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 481–500 of 1014 results

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