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  • Article

    Patrick Brown Takes Down Insurance Company

    An issue that sometimes arises in defamation actions is whether the costs of a prosecution or a defence is covered by an insurance policy.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Preparing For The OSC's 2026 Risk Assessment Questionnaire: What Registrants Need To Know

    The Ontario Securities Commission ("OSC") has issued an advance notice regarding the 2026 Risk Assessment Questionnaire ("RAQ") for registrants in Ontario.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
Article

Court Reaches Opposite Conclusion On Whether Constructive Dismissal Claims Are Barred By Ontario COVID-19 Regulations

Employers may be relieved that in Taylor v. Hanley Hospitality Inc., 2021 ONSC 3135 [not yet on CanLII], a second judge of the Ontario Superior Court of Justice reached an opposite conclusion...
CanadaEmployment and HR
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Distribution Under Ambiguous Disposition Provision In Will Made On A Per Stirpes Basis

    A Last Will and Testament is an important document that, among other things, permits the smooth distribution of a person's estate after his or her death.
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Critical Of Mortgage Lender And Director Of Titles For Failing To Consent To Removal Of Fraudulent Mortgage Instrument From Title (Sun V. Ryan Mortgage Income Fund Inc.)

    In a decision which removed a fraudulent mortgage instrument from title to the applicants' property, the Ontario Superior Court of Justice was critical of the Ontario Director of Titles...
    CanadaFinance and Banking
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Responding To Complaints Before The Royal College Of Dental Surgeons Of Ontario: A Defence Lawyer's Perspective

    As legal counsel for dentists, we are routinely asked questions about the complaints process before the Royal College of Dental Surgeons of Ontario ("RCDSO").
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Is Not Forum For Resolving Political Grievances (Ontario Place Protectors v. Ontario)

    This blog updates an earlier blog that I wrote on August 16, 2024 in connection with the Ontario Superior Court of Justice decision...
    CanadaGovernment, Public Sector
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Failure To Disclose Material Facts To Insurer Voids Coverage For Delivering Pizza

    Failing to advise an insurance company of material facts relating to the policy may result in a loss of coverage at a time when it is needed most.
    CanadaInsurance
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Bona Fide Complaints To Police Are Matters Of Public Interest (Zeppa v. Rea)

    When a person believes that someone has committed a crime, it is, of course, perfectly reasonable that they report their belief to the police. In general, where a bona fide complaint has been made to police...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Entitled To Recover Deposit After Seller Misrepresented Legality Of Addition (Sewell v. Abadian)

    In disputes where a buyer alleges that a seller made misrepresentations about the property being purchased, courts will generally focus on whether the representations...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Dismisses Solicitor's Negligence Claim For Plaintiff's Failure To Serve Claim For Nearly 7 Years (Cayer V. Arseneau)

    Issuing a Statement of Claim is the first step for a plaintiff to bring a legal claim. It is not the only step. Once issued, a plaintiff must then serve the claim on the defendant(s) within 6 months.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Grapples With Fake Electronic Evidence And Zoom Imposter Witness

    Electronic evidence is subject to manipulation, as is the testimony – or even identity – of witnesses appearing remotely.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Action Against Employee Who Spoke Out About Workplace Racism Dismissed (Williams v. Vac Developments Ltd.)

    Our past blogs have discussed anti-SLAPP motions at length. This post explores yet another decision on an anti-SLAPP motion, but this time, in the context of an aggrieved employee who publicly...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Suit Surrounding BC's Foreign Buyer Tax Is Dismissed

    The law of defamation is fascinating because the fact scenarios of each case are unique.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Election For President Of Association Declared Invalid

    Election law is not confined to political elections. Under corporate law, incorporated companies and voluntary membership associations are generally required to hold elections...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Exchanges With Generative AI Not Protected By Privilege (United States Of America v. Heppner)

    The growing use of generative Artificial Intelligence is undeniable. According to Justice Rakoff of the United States District Court of the Southern District of New York...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Investor Required To Return Funds Received For Limited Partnership Units Based On Calculation Mistake

    In certain circumstances, the legal doctrines of common mistake and rectification may provide a remedy to a party who has paid out funds that are based upon admitted errors...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer's Defamation Action Against Former Colleague Dismissed

    A law partnership is a cooperative but also a competitive environment. The same group of partners generate revenues but then must divide a finite pool of profits between themselves.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Plaintiffs Awarded A Total Of $800,000 In Damages For Defamation (Murdy v. Barrette)

    A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Pro-life Group's Defamation Claim Against "Online Protestor" Allowed To Proceed

    Social media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and a place where political foes rally...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 741–760 of 1019 results

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