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  • Article

    Plaintiff Obtains Summary Judgment Against Former Lawyers (Longarini v. Llyod)

    Motions for summary judgment are often ill-suited for disputes where there are contested issues involving credibility and material facts. However, under Rules 20.04(2.1) and (2.2) of the Ontario Rules of Civil Procedure...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Pleadings Struck In $100 Million Claim Due To Party's Repeated Failure To Produce Relevant Documents (Way v. Schembri)

    In civil litigation, the parties have a fundamental obligation to produce all documents that are in their possession, control or power which are relevant to the issues in dispute.
    CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Reputation Can Be Everything

    The tort of defamation is all about the protection of a person's reputation. Where a person suffers a loss of reputation because of words spoken or published about them to others, a cause of ...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    "Sugar Daddy's" $226 Million Action Against "Sugar Baby" Dismissed

    Technology has expanded the ability of people to meet others who they otherwise may have never met in a purely paper-based world. Indeed, entrepreneurs have developed various dating websites...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Supreme Court Endorses Support For Airline Passenger Compensation Regime (International Air Transportation Association V. Canada (Transportation Agency))

    On October 4, 2024, the Supreme Court of Canada released its long-awaited decision of International Air Transportation Association v. Canada (Transportation Agency), 2024 SCC 30.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Agent's Claim To Commission Owing Under BRA Dismissed Due To non est factum

    Agents often require buyer clients to enter into a Buyer's Representation Agreement (BRA) which sets out the buyer's agreement to pay the agent a commission on certain terms.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim Against Township For Failing To Monitor Building Permit Dismissed Under Ultimate Limitation Period (Huether v. Sharpe)

    The Ontario Limitations Act, 2002 (the "Act"), provides for an "ultimate" limitation period of 15 years to commence most types of civil claims.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Condominium Breached Duty To Disclose Imminent Special Assessment In Status Certificate

    Prospective buyers of a condominium unit in Ontario have the right to obtain a status certificate that is supposed to provide them with essential information about the physical and financial situation...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Condominium Owner Ordered To Reconvey Title To Former Brother-In-Law (Burbidge v. Casullo)

    In Ontario, the Statute of Frauds generally requires that agreements for the transfer or ownership of an interest in land must be made in writing. This rule poses issues for family members...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Do Requisitions Concerning Gas Leases Go To Root Of Title? (Van Hove v. Dryuff)

    In a real estate transaction, the agreement of purchase and sale will include a deadline by which a buyer may submit requisitions for issues...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Family Expectations, Unjust Enrichment, And Beneficial Ownership: Lessons From The Family Farm

    In Laberge Gareau v. Laberge Gareau, 2026 ONSC 4669, the Ontario Superior Court of Justice addressed an unfortunate dispute between a mother and her two daughters over ownership of the family farm. The court found that the mother remained the beneficial owner of the property when she registered it in trust for her daughters and that she never intended to give up beneficial ownership.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Limitation Period Bars Claim For Breach Of Assignment Of Agreement Of Purchase And Sale

    In Ontario, there is a general two-year limitation period for claims relating to a breach of contract which starts on the day when a plaintiff discovers that damage from a breach occurred...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Real Estate Investor's Claim For Lost Opportunity Damages Rejected

    In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice rejected a real estate investor's claim for lost opportunity damages...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Relisting Of Property Before Closing Date Did Not Amount To A Repudiation Of Agreement Of Purchase And Sale (Zoleta V. Singh And RE/MAX Twin City Realty)

    If a buyer determines that they may not be able to complete a binding agreement to purchase a property by the agreed-upon completion date, they may wish to seek an extension of the completion date...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Seller Allowed To Re-schedule Tarion Closing Date Following "unavoidable Delay"

    New homes in Ontario may include a warranty from the builder for certain construction deficiencies and other matters.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Sellers Liable For Deficiencies Due To Rectification Of Agreement Of Purchase And Sale (Melo V. Hiebert)

    The legal doctrine of rectification is a remedy that may be available to correct errors in an agreement to give effect to the true intentions of the parties.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Application Of Alternative Minimum Tax In The Year Of Death

    The Federal alternative minimum tax (“AMT”) regime is intended to ensure that individuals, including certain trusts, pay a certain minimum level of tax where income tax calculated under the regular rules is reduced...
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Dealing With Digital Assets On Death: Who Owns Them? Who Can Access Them? What Can Be Done To Protect Them?

    Some sources estimate that as many as 3 m. bitcoins (~$38 billion) are irretrievable
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Interplay Of Federal And Provincial Jurisdiction Over Maritime Disputes

    Disputes which are predominantly maritime in nature have traditionally been federally regulated under Canadian maritime law and have therefore been under the jurisdictional purview of the Federal Court.
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Rejects Force Majeure And Frustration Defences Following Aborted Transaction (Liddell v. Mousavi)

    Parties to a binding agreement to buy a property may wish to get out of the deal if their circumstances change before closing, particularly if they have not been able to secure financing...
    GlobalReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 541–560 of 1014 results

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