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  • Article

    Professional Negligence Claim Against Litigation Lawyer Dismissed In A Case Of "Settler's Remorse" (Kiselbach v. DeFilippi)

    In Kiselbach v DeFilippi, 2024 YKSC 7 (CanLII), the Supreme Court of Yukon dismissed a professional negligence claim against a litigation lawyer who acted for the plaintiff in a business dispute.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Professional Negligence Claim Dismissed Against Lawyer Despite Conflict Of Interest And Breach Of The Standard Of Care

    "There is no such thing as negligence in the abstract," notes Regional Senior Justice Calum MacLeod in Maisonneuve v. Langlois, 2021 ONSC 3587 (CanLII). Plaintiffs pursuing professional negligence...
    CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Property Developer Awarded $11 Million In Lost Profits Against Seller Who Refused To Complete Transaction

    When a seller breaches an Agreement of Purchase and Sale (APS) by refusing to complete the sale of a property to a buyer, the buyer is generally entitled to the return of the deposit and damages...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Public Protest Against Trucking Company Not A Matter Of Public Interest

    Not all public protests are necessarily created equal. While most public protests will be viewed as having a public interest component, some might be viewed as either being advanced for purely personal interests or harmful to the public interest.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Responding To Complaints Before The College Of Chiropractors Of Ontario: A Defence Lawyer's Perspective

    As legal counsel for chiropractors, we are regularly asked questions about the complaints process before the College of Chiropractors of Ontario (the "College").
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Thunder Bay Police Officer's Defamation Claim Against Law Student Dismissed (Gibson v. Cunningham)

    A defamation claim against a law student brought by a Thunder Bay police officer was dismissed under Ontario's "anti-SLAPP" legislation: Gibson v. Cunningham, 2025 ONSC 5504 [not yet on CanLII].
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Ontario Lacrosse Association Defeats Competitor's Motion For Injunction

    Competition amongst sporting organizations vying for eligible, talented athletes is commonplace. Accordingly, organizations take steps to ensure that their procedures...
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The "Independent Third Party": The New Structure For Hockey Canada Complaints

    Sport organizations have received a significant amount of publicity in recent years regarding maltreatment by and against both players and coaches.
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer's Claim For Lost Value Damages Of A Residential Subdivision Home

    The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Entitled To Recover Deposit Where Neither Side Was Ready To Complete Transaction (Nieuwenhuis v. FRP Inc.)

    In disputes arising from an incomplete real estate transaction, the courts will generally focus on which party is responsible for breaching the terms of their agreement.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Realtor's Full And Final Release Extended To Cover Brokerage

    Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and final release. A full and final release is a contract.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer Not Liable For Client's Payment Of Foreign Buyer's Tax On North Vancouver Property

    In Tellini v. Bell Alliance, 2022 BCCA 106 (CanLII), the British Columbia Court of Appeal reversed a trial judge's decision that found the defendant lawyer and law firm liable...
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Alta Energy Luxembourg S.A.R.L. V. The Queen

    On August 29, 2019, Canada ratified the Multilateral Convention To Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the "Convention").
    LuxembourgEnergy and Natural Resources
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Requisition Deadline For Present Legal Use Of Property Clarified By Court Of Appeal

    The Ontario Real Estate Association's standard form of residential Agreement of Purchase and Sale (APS) contains a paragraph that sets a deadline for a buyer to investigate and verify the present legal use of a property before closing.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Student-Athletes Prevail In Antitrust Action Against The National Collegiate Athletic Association To Secure Education-Related Benefits

    Last week, in the case of National Collegiate Athletic Association v. Alston et al. 594 U.S., the Supreme Court of the United States unanimously held that the rules of the National Collegiate Athletic Association...
    CanadaAntitrust/Competition Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Use Of A Thumbs-up Emoji Creates A Valid And Binding Contract

    In a groundbreaking legal ruling, a Saskatchewan court has recognized that a thumbs-up emoji (👍) can be a valid signature and result in the formation of a binding contract.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Highlights of Recent Developments in Estates and Trusts

    Highlights of Recent Developments in Estates and Trusts
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer Did Not Breach Privilege By Disclosing Confidential Email To Former Clients' Trustee In Bankruptcy (Milot Law v. Sittler)

    Solicitor-client privilege in Canada is a fundamental right and a substantive rule of law. Courts have repeatedly affirmed that solicitor-client privilege...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Canada Introduces Bill C-35: The Ban On Importing Goods Made With Forced Labour Act

    Canada's proposed Ban on Importing Goods Made with Forced Labour Act represents a fundamental shift in trade enforcement, moving from a tariff-based mechanism to a standalone legislative framework with enhanced border interdiction powers. The legislation empowers the Minister of Foreign Affairs to maintain a regulatory list of suspect goods while granting the Canada Border Services Agency expanded authority to detain shipments and require importers to prove compliance. This development comes amid internatio
    CanadaInternational Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Anti-SLAPP Motion Fails To Stop Canadian Tire's Claim Against Alleged Perpetrators Of Fraudulent After-sales Service Program

    Motions under section 137.1 of the Ontario Courts of Justice Act (CJA) are typically brought to dismiss defamation claims involving expressions on matters of public interest.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 761–780 of 1019 results

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