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  • Article

    Allegations Of Ineffective Assistance Of Counsel Against Law Society Duty Counsel Dismissed

    Lawyers facing disciplinary proceedings before the Law Society of Ontario may have duty counsel appointed to represent their interests. A Divisional Court decision shows that duty counsel...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Another Negligence Claim Against Lawyer Dismissed For Being A Collateral Attack

    Unless a decision is overturned on an appeal, the issues decided therein have been finally determined. In general, a party impacted by a final decision cannot attempt to have it overturned...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Business Partner Liable For Breach Of Fiduciary Duty And Civil Fraud

    Business partners generally owe each other fiduciary duties and can be liable for civil fraud if funds invested in the partnership business are not used for their intended purpose.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Caught In The Middle - Court Of Appeal Affirms Low Threshold To Interplead Funds (Tacora Resources Inc. v 1128349 B.C. Ltd.)

    Lawyers, brokerages, trustees, and other parties may sometimes find themselves holding funds that they do not want while others fight over who is entitled to them. Interpleader applications are a long-standing...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Counterclaim For Breach Of Fiduciary Duty In Wrongful Dismissal Action Dismissed Under Anti-SLAPP Legislation

    While defamation lawsuits continue to receive the most judicial attention under Ontario's anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Of Appeal Sets Aside Contempt Of Court Finding Against Professional Association (Association Of Architectural Technologists Of Ontario v. Ontario Association Of Architects)

    Court orders are meant to be followed; otherwise justice and rule of law will be undermined. Accordingly, courts are empowered to ensure that their orders are obeyed, and in the most extreme cases, can find a litigant in contempt of court for failing to comply with an order.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Orders Defendant To Pay Costs Of $300,000 For Refusing To Settle Claim (Barry v Anantharajah)

    In Ontario, the Superior Court of Justice has broad discretion when it comes to awarding costs following a hearing.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Orders Production Of Subsequent Lawyer's File

    Although solicitor-client privilege is a fundamental civil and legal right belonging to a client, the right is not absolute and can be lost where there is either an express or implied waiver of privilege.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court 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 lawyer ...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Strikes Claim Of Non-party To Mortgage Contract Against Mortgagee And Its Lawyer (Anthonipillai v. Ghorbankhani)

    Rule 21 of the Rules of Civil Procedure is a powerful weapon in the arsenal of a defendant.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Criminal Proceedings And The Civil Defamation Claim: A Limitation Period Lesson

    In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from the date the action is discovered.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Instagram Social Media Influencer Liable For Defamation (Achor v. Ihekweme)

    In Achor v Ihekweme, 2023 ABKB 606 (CanLII), the plaintiffs obtained damages for defamation against a social media influencer who had posted statements about them on Instagram.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Kielburger Defamation Claim Against Canadaland Survives Anti-SLAPP Motion (Kielburger v. Canadaland Inc.)

    A defamation action brought by the mother of WE Charity founders Craig and Marc Kielburger against Canadaland Inc. was allowed to continue after an anti-SLAPP motion was dismissed...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawn Mower Incident Leads To Civil Assault Damages Against Neighbour (Frederick v. Spence)

    A years-long dispute between neighbours in Stouffville, Ontario escalated from a lawn mower incident to a civil trial involving claims of assault, defamation, and intrusion of privacy.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Letters Of Request Denied For Access To Confidential Business Information

    The process by which a foreign court seeks the assistance of an Ontario court to gather evidence for use in local proceedings, as discussed in a previous blog...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Zak Sabbath's Defamation Claim Allowed To Continue Against Mandy Morbid

    In early 2019, a former model and adult film performer, Amanda Nagy also known as "Mandy Morbid," posted a message on her Facebook page saying that Zak Smith, her former husband...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Injunction To Remove Allegedly Defamatory Social Media Posts Dismissed

    A recent case of the Ontario Superior Court of Justice illustrates the difficulties that a plaintiff may encounter when seeking to stop allegedly defamatory posts from being published on social media.
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Social Media vs. Privacy And Personality Rights

    Section 8, "Everyone has the right to be secure against unreasonable search or seizure."
    CanadaPrivacy
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Not To Entitled Purchaser's Lien To Recover Deposit Following Builder's Default

    Buyers of new homes sometimes enter into an Agreement of Purchase and Sale (APS) with the builder/developer of the proposed dwelling who doesn't own the underlying land...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyers Lose Right To Recover Deposit After Seller Breaches Agreement

    After an Agreement of Purchase and Sale (APS) is signed and a deposit is paid it may be weeks or months before the scheduled completion date. In the case of new properties under construction, it could be years.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 581–600 of 1014 results

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