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  • Article

    Potential Liability For Torts Committed In Sports (Cox V. Ball)

    Participation in recreational sports is important for many people because it provides them with both positive physical and mental health benefits. However, some participants can be overly aggressive and commit criminal.
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim Against Jointly-Retained Real Estate Lawyer Dismissed After Party's Repudiation Of Transaction (Precision Forest Industries Ltd v Cox)

    In circumstances where an agreement to complete a real estate transaction fails to close but neither party was in a position to do so, the parties may be required take steps...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Developer Restrained From Interfering With Use Of Right-of-way During Condominium Construction (Figaro Dominion v. The Incumbent)

    Neighbouring property owners who have a shared laneway or other land that is subject to a right-of-way are generally not permitted to interfere with each other's established use of the right-of-way at issue.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Home Owner Obtains Certificate Of Pending Litigation To Stop Power Of Sale

    Parties who are seeking an interest in a property may seek to register a certificate of pending litigation (CPL) on title for the purpose of providing non-parties notice of their claims.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Damages Caused By Listing Agent's Failure To Recommend Legal Advice

    In some cases, real estate agents should recommend that their clients obtain legal advice about a proposed transaction. Situations may arise when the agent knows that a client...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Damages Caused By Listing Agent's Failure To Recommend Legal Advice (Stanley v. Grech)

    In some cases, real estate agents should recommend that their clients obtain legal advice about a proposed transaction.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Oral Contract Between Brothers Over Cottage Ownership (Poole v. Poole)

    As distasteful as they may be, a written contract between family members over jointly held property may be a prudent way to avoid future disputes.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Seller Misrepresented Right To Assign Agreement Of Purchase And Sale (Qu V. Wang)

    Buyers who agree to purchase a property from a builder may sometimes wish to assign their agreement to another buyer before the transaction has been completed.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Sellers Repudiated Agreement Of Purchase And Sale By Failing To Address Outstanding Work Orders (Reel Em Inn And Resort V. RNR Doemel Enterprises)

    A seller's failure to advise a buyer that outstanding work orders against a property will be addressed before closing may entitle the buyer to terminate the transaction...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Perils Of Using Joint Tenancy For Estate Planning (Jackson v. Rosenberg)

    In Ontario, properties may be registered in joint tenancy as an estate planning mechanism.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Toronto Cyclists Gain A Reprieve: Government Enjoined From Removing Bike Lanes (Cycle Toronto v. Ontario (Attorney General))

    In Canadian law, government enactments that potentially infringe the Canadian Charter of Rights and Freedoms (the "Charter") can be challenged in the courts.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Limitations Of Liability In The Marine Liability Act Exclude Costs And Interest

    It was a long time coming, but there is finally clarity regarding whether the monetary limitations of liability contained in the Marine Liability Act S.C. 2001 (the "MLA") as amended...
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    US Lawyers Again Fall Victim To Fake Case Generated By AI-assisted Research

    As a research lawyer with over 30 years experience, I often worry that advances to AI-assisted legal research tools will one day eliminate my job and that senior and junior lawyers...
    GlobalTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Business Founder Required To Disgorge Profits From Competing Powder-coating Business

    One of the essential obligations of someone who enters into a business venture with other shareholders of a small corporation is to refrain from engaging in a competing business...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Dock Dispute Leads To Nuisance Claim And $598,000 Costs Award

    After years of litigation, a dispute between neighbours of waterfront properties on Lake Simcoe led to a mandatory order requiring the removal of a dock...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Federal Court Of Appeal Finds Facebook (Meta) In Breach Of PIPEDA Introduction

    The Federal Court of Appeal ("FCA") released a landmark ruling on September 9, 2024 in its decision of Privacy Commissioner of Canada v. Facebook, Inc., 2024 FCA 140.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Summons Issued Against Premier Ford Valid But Unenforceable Because Of Parliamentary Privilege

    Ontario's opposition parties have grilled Premier Ford in the Ontario legislature and accused him of "running" and "hiding" from the inquiry.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Dispute Over Exchange Of Keys Leads To Five Years Of Litigation Over Sale Of Church Property (Gyimah v. The Roman Catholic Episcopal Corporation Of The Diocese Of Hearst In Ontario)

    Courts generally expect parties to a real estate transaction to work together to ensure that it is completed as scheduled. While some unanticipated issues may arise...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Business Interruption Insurance In The Time Of COVID-19: Some Recent Judicial Consideration

    The COVID-19 pandemic has caused a significant slowdown in many sectors of the economy, forcing businesses to either seek creditor protection or close their doors forever.
    CanadaCoronavirus (COVID-19)
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Deans Knight Income Corporation v. The King- Case Study

    In the case of Deans Knight Income Corporation v. The King [1], the Supreme Court of Canada used the opportunity to expand the scope of the General Anti-Avoidance Rule ("GAAR")...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 721–740 of 1019 results

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