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  • Article

    Two-year Limitation Period Applies To Fraudulent Conveyance Actions (Bank Of Montreal v. Iskenderov)

    An important consideration for determining whether (and when) to pursue litigation is the limitation period, which is the time limit by which a party must commence their claim against another party.
    CanadaCriminal Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Receiver Appointed Over Property Notwithstanding Allegations Of Fraudulent Mortgage (Hillmount Capital Mortgage Holdings Inc. V. Onsori-Saisan)

    In Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan, 2024 ONSC 4481 (CanLII), the applicant lender sought to appoint a receiver over a property in King City, Ontario...
    CanadaFinance and Banking
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Supreme Court Of Canada Upholds Reduction In Size Of Toronto's City Council

    In Canada's recent federal election, voters demonstrated a passion for democracy and were willing to stand in long line-ups to exercise their right to vote.
    CanadaGovernment, Public Sector
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Behemoth B.C. Case Delivers A Blizzard Of Professional Negligence Findings

    A British Columbia Supreme Court case examines how a seemingly minor pleading error in a $30 million settlement led to a decade-long legal battle, resulting in findings of professional negligence, breach of fiduciary duty, and breach of contract against the lawyer responsible. The court's analysis explores the boundaries of lawyer liability, client responsibility, and the duty of candor when mistakes occur in high-stakes commercial litigation.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Credit Reports And The Law Of Defamation

    Individuals and businesses are zealously concerned with protecting their respective reputations.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Action Against Ontario Premier Dismissed Under Courts Of Justice Act

    Early last year, the Premier of Ontario, Doug Ford, in a highly sensationalized lawsuit was sued for defamation by a former Deputy Commissioner and interim Commissioner of the Ontario Provincial...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Gratuitous Defamatory Tweets About Plaintiff Not Protected As A Matter Of Public Interest

    The internet and social media have spawned much civil litigation in the area of defamation. There is no cost to obtaining a Twitter account, for example, and to "tweeting" out a widely-viewed post.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Limited Recount Of Ballots In One Vote Election Defeat Should Lead To Legislative Reform

    The lifeblood of western democracy is the right to vote, and, moreover, the right to have an elector's vote counted once deposited into the ballot box. For a losing candidate, these complementary rights ensure...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Plaintiffs Who Started Debate On Matters Of Public Interest Have Defamation Claim Dismissed

    Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often through those debates that society is able to positively move forward...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Richmond Hill Councillor's Lawsuit Is SLAPPed

    An action that arises out of an expression on a matter of public interest is vulnerable to a motion for dismissal under section 137.1 of the Courts of Justice Act (the "CJA").
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Law Of Defamation In A Nutshell (Stratuscent Inc. v. Chehade)

    Over the past few years, we have written a lot of blogs on the law of defamation. Defamation is a common cause of action. However, there are many nuances in this area of law that make it complex...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Scoring A Run In Baseball Can Be All About Timing (Boston Red Sox v. Toronto Blue Jays)

    Many sports feature controversial rulings made by game officials. In Major League Baseball (“MLB”), the Toronto Blue Jays have been part of at least two highly controversial run scoring rulings which have driven fans wild.
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Housing Construction Project Turned Sour Results In Personal Liability And Dismissal Of Defamation Claim

    Although building a house can take much planning and hard work in securing a developer, labour and material, it is meant to be a joyous exercise...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Township Liable To Muskoka Cottage Owners For Failing To Inspect Building Permit

    In March, 1999, the plaintiffs purchased a cottage for $710,000 in Lake of Bays, Ontario.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    US Court Finds Proposed Vacant Home Tax Law Unconstitutional

    To combat shortages of housing and housing affordability, some governments in Canada have introduced a tax on vacant or unoccupied homes as a way to deter property owners...
    GlobalTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamer Gets 18 Month Jail Sentence For Contempt Of Court

    In the law of defamation, we only tend to think about the damages that are awarded for a person's loss of reputation or the intellectual analysis conducted by a court in assessing the defences raised by an alleged defamer.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Mortgage Provided By Corporate Borrower Not A "fraudulent Instrument"

    The Ontario Land Titles Act ("LTA") provides that a registered mortgage that is determined to be a fraudulent instrument is void and may be deleted from title.
    CanadaFinance and Banking
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    FCA Upholds TRREB's Copyright Claims In Its TRREB MLS System

    On March 28, 2023, the Federal Court of Appeal of Canada (FCA), in IMS Incorporated v Toronto Regional Real Estate Board, 2023 FCA 70, upheld the decision of the Federal Court (FC)...
    CanadaIntellectual Property
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Of Appeal Upholds Dismissal Of Anti-SLAPP Motion In Trucking Protest Case (2110120 Ontario Inc. v. Buttar)

    Last April, I wrote a blog about a motion judge's decision to dismiss an anti-SLAPP motion in a trucking protest case on the grounds that the dispute...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Defamation Action Brought By Freedom Convoy Protestors Against Canadian Anti-Hate Network Dismissed (Cornell v. Trudeau)

    The recent decision of Cornell v. Trudeau, 2024 ONSC 5343 highlights the importance of providing sufficient details and particulars in a claim for defamation.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 901–920 of 1025 results

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