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  • Article

    Doctrine Of Buyer Beware Bars Claim For Foundation Issues Raised By Home Inspection

    The opportunity to have a home inspection may provide buyers with a reasonable opportunity to discover costly deficiencies before completing the purchase of a property.
    CanadaIntellectual Property
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Claim Against Global News By Former Liberal MP Survives Anti-SLAPP Motion (Dong v. Global News)

    Anti-SLAPP motions are an important tool available for defendants to put a stop to claims that are intended to silence free expression through litigation. However, anti-SLAPP motions...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamatory Facebook Posts Prove Costly – Part 2 (Robinson v. Niganobe)

    As we have previously discussed, defamatory posts on Facebook and similar social media platforms can be costly. Posts written in acrimonious circumstances that make unfounded attacks on someone's reputation...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defendants Succeed In Getting Security For Costs Despite Plaintiffs’ Action Not Being Frivolous (Walker v. Smith)

    Under rule 56 of the Rules of Civil Procedure, a defendant can seek an order for security of costs against a plaintiff in certain limited circumstances. This is an important rule because it protects a defendant from being required to defend a case for years, only to be denied recovery for their costs if successful at trial.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Director Personally Liable For Corporation's Operating Line But Not Visa Account (RBC v. 1108135 Ontario Inc.)

    In many cases where a small corporation borrows money, the lender will seek a personal commitment from the corporation's owner to repay the debt, whether by way of a guarantee contained...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Family Members Liable For Knowing Receipt Of Trust Funds

    People who receive funds from someone whom they know, or reasonably ought to have known, obtained the funds through a breach of trust may be liable to return the funds...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Injunction Restrains Former Employee’s Campaign Of Online Harassment (SGS Canada Inc v. Carrier)

    In SGS Canada Inc v. Carrier, 2026 ONSC 4751 (CanLII), the corporate plaintiff was a Canadian subsidiary of a large multinational company operating laboratories and offices across the country. The defendant was a manager of business development for the plaintiff for approximately two years until October 2025, when his employment was terminated without cause.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Law Firm Not Disqualified From Acting Against Former Executive Of Corporate Client (Piikani Nation v McMullen)

    Due to their duty of loyalty, lawyers may not act in matters which are adverse to current clients. The duty of loyalty generally extends to matters which are adverse to former clients if there is the potential...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Law Firm Successfully Sues Former Client For Defamatory Online Review (D'Alessio v. Chowdhury)

    In D'Alessio v. Chowdhury, 2023 ONSC 6075 (CanLII), an Ontario law firm successfully sued a former client for defamation as a result of her online reviews.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer Did Not Breach Standard Of Care By Following Instructions Of Client's Agent (Shortreed Joint Venture Ltd. v Guvi)

    During the course of a retainer, lawyers may communicate with an agent acting on behalf of their client for the purposes of receiving and acting upon instructions. In some cases...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer Not Required To Produce Alleged Will Drafting File: Further Production Denied (Nouini v. Pizzi)

    Although the Rules of Civil Procedure require parties to produce relevant documents in a proceeding, a court can refuse a request for further productions if it is disproportionate or where a party's conduct...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Neighbour's "Management Plan" Did Not Improperly Divert Equity From Plaintiff's Property

    The case of Rivas v. Anobile, 2022 ONSC 3446 (CanLII), demonstrates the issues that may arise when all the terms and objectives of an unconventional property management agreement are not put into writing.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Breach Of Confidence For Director To Disclose Corporation's Confidential Information To Personal Lawyer (Anderson v. Strathcona (Regional District))

    A decision of the Court of Appeal for British Columbia has affirmed that it is not a breach of confidence for a director of a municipality to disclose confidential information to their own lawyer...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Ontario Court Of Appeal Upholds Setting Aside Of A Notice Of Discontinuance

    On August 3, 2020, lawyers at Gardiner Roberts LLP were successful in getting a notice of discontinuance set aside for their real estate brokerage client.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Responding To Complaints Before The College Of Nurses Of Ontario (CNO)

    As legal counsel for all types of nurses, including Nurse Practitioners, Registered Nurses and Registered Practical Nurses, we are frequently retained to provide assistance in responding to complaints filed with the College of Nurses of Ontario (“CNO”). Although the regulatory framework governing complaint matters is complex, the following summarizes the core information that nurses should be aware of in order to navigate the process effectively.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Torts Of Knowing Assistance And Knowing Receipt Addressed By Ontario Court Of Appeal

    Dupe, https://www.mondaq.com/canada/white-collar-crime-anti-corruption--fraud/1317174/torts-of-knowing-assistance-and-knowing-receipt-addressed-by-ontario-court-of-appeal
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Facility Operator Dodges Damages Award Because Patron Waived Liability

    Participating in sports is an activity that is encouraged by many. For example, parents enrol their children in a variety of winter and summer sports so that the children can meet and interact with other kids...
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    AirBnB Unit Not Covered Under Residential Tenancy Law

    A vacationer has a variety of accommodation options when travelling in a foreign destination. A vacationer might stay with family or friends or stay in a bed & breakfast, motel or hotel.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    B.C. Court Awards Damages Arising From Liability For Foreign Buyers' Tax

    Some Canadian provinces have introduced a "foreign buyers' tax" in recent years to curb what is perceived as the impact of foreign speculators on over-heated markets.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer's Failure To Obtain Severance Amounted To Anticipatory Breach Of Contract

    Agreements for the sale of real estate may sometimes require one of the parties to complete certain steps before the transaction can be completed, such as applying for permits...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 661–680 of 1016 results

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