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  • Article

    Ponzi Scheme Participants Ordered To Return Payments That Were "Too Good To Be True"

    Investors in a scheme that seems too good to be true should be aware that they may be liable to return the funds under principles of unjust enrichment or bankruptcy preference laws.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    "Chilling Effect" On A Plaintiff Or Others Not Grounds For Harm On An Anti-SLAPP Motion

    The case involved two well-known local public figures who had become engaged in a war of words over political views expressed in connection with gender identity and sexual orientation.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim Commenced By Special Purpose Vehicle Dismissed As Champertous

    The Ontario Superior Court of Justice has dismissed a $2.5 million lawsuit against a number of defendants for fraud and breach of trust on the basis that the claim was champertous...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Denies Injunctive Relief In Overstated Business Dispute (Home Coffee Solutions Ltd. v. Amarshi)

    Courts are sometimes asked to grant an injunction to protect the misuse of confidential business information and other proprietary rights by competitors.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Prohibits Competing Restaurant Business From Opening

    Many will be grateful to see 2020 in the rearview mirror, none more so than restaurant owners. With restaurants scrambling to re-focus on take-out service, perhaps the last thing an owner needs...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Refuses To Dismiss Claims That Did Not Engage SLAPP Provisions

    Section 137.1 of the Courts of Justice Act (the "CJA"), which permits the dismissal of actions related to an expression made with respect to a matter of public interest...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Damages In A Defamation Action

    Reputational harm is serious. It can have devastating impacts on the person whose reputation has been diminished. In the law of defamation, courts grant monetary awards to plaintiffs...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defendant Business Competitors Liable For Defamation Campaign Based On Common Design (Valley Traffic Systems Inc. V. Malak)

    Defamatory publications that are intended to harm a business competitor may give rise to substantial damages, as shown by the decision of the Court of Appeal for British Columbia in Valley...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defendant’s Third Party Claim Against Plaintiff’s Lawyer In Breach Of Contract Case Dismissed (CPCS Transcom Ltd. v. Lansdowne Office Inc.)

    When a landlord sued for unpaid rent and brought a third party claim against the tenant's lawyer for negligence, the Divisional Court had to determine whether such a claim could survive where the tenant never sued its own lawyer. The case explores the boundaries of when defendants can pursue contribution and indemnity from a plaintiff's professional advisors in contract disputes.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Internet Harassment Tort Recognized By Ontario Superior Court Of Justice

    Cyber-stalking and anonymous malicious postings on the internet, which may be disseminated across a variety of sites and platforms across the world...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer Not Removed From Record Despite Failure To Promptly Disclose Receipt Of Privileged Settlement Information (Candido V Bramview Holdings Inc.)

    During the course of litigation, lawyers sometimes receive documents that were mistakenly sent or produced by opposing parties which contain privileged information.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Losing An Anti-SLAPP Motion Can Be Costly For A Plaintiff

    The issue of costs is important for parties to take into consideration when litigating a case.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Media Article That Reports On Court Decision Not Proper Subject For A Defamation Claim (Masjoody V. Burnaby Beacon)

    In general, a court proceeding is open to the public. Unless the court issues a sealing order, what takes place in a court room or a court decision made after a hearing can be reported upon by the media.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Meeting Of The Minds Important To The Enforceability Of A Contract (Corridor Transport Inc. v. Lentini)

    A fundamental principle in the law of contracts is that parties to the contract must be ad idem. In other words, there must be a meeting of the minds of the contracting...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Open-court Principle Takes Back Seat To Serious Risk Of Defendant's Reputational Loss (S.L.K. v. A.B.)

    Whether in criminal or civil cases, the courts are often confronted with disturbing scenarios and serious allegations that, if proven, can have devastating negative impacts on an accused or a defendant.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Realtor's Action For Invasion Of Privacy And Conspiracy Dismissed Under Anti-SLAPP Law

    A reporter prepared an article concerning the charges faced by the realtor that was published in the Ottawa Citizen and Ottawa Sun on August 30, 2019.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Seller Beware Of Provision In APS That Includes HST As Part Of Purchase Price (Miculinic Investment Corp. v. 2303515 Ontario Inc.)

    In real estate transactions which involve properties that are comprised of both a commercial and residential use, HST is payable on the portion of the land that is used for commercial purposes.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Stay Refused: Ontario Court Rules Arbitration Clause In International Commercial Contract Inoperative

    Courts are not the only place where parties can have their civil disputes resolved. Parties can mutually agree to have their disputes resolved by a mediator or by an arbitrator.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Failure To Prove Publication Is Fatal To A Defamation Claim (Knight v. Sunshine Coast Campground Group Ltd.)

    My purpose in writing law blogs is to educate the reader about the legal issues reviewed in court decisions in a way that makes the law less complicated and to provide practical guidance...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    You Can't Play Dress Up With A Defamation Action

    The law of defamation is subject to many strict rules, which may vary from province-to-province under respective special libel and slander statutes.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 701–720 of 1019 results

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