Appellate
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OCA decision shows continuing problems with anti-SLAPP law

Courts are still dealing with the fallout from the overbreadth of Ontario’s controversial legislation aimed at combating the apparent problem of “Strategic Lawsuits ... Read more

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York regional police say tip from public led to massive meth bust

EAST GWILLIMBURY, Ont. — A tip from a member of the public suspicious about dozens of garbage bags and canisters dumped on a small-town driveway led  ... Read more

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OCA decision finds judge altered class-settlement provision

An Ontario Court of Appeal decision that found a motion judge erred by ordering plaintiffs’ counsel to donate $1.5 million of their fees to charity highlights the perils of ... Read more

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Suing municipalities – exceptions to the 10-day notice period

People who suffer injuries on municipal property in Ontario have only 10 days to file a claim, but it’s important to know there are exceptions to that rule, ... Read more

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Divisional Court confirms common estate planning tool: Radnoff

A recent Ontario Divisional Court ruling on multiple wills is “significant” because it validates a standard estate planning procedure, Toronto commercial litigator and ... Read more

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Police seizure of sex assault suspect's coffee cup justified: Appeal Court

 MONTREAL — Quebec's highest has ruled that tricking a sexual assault suspect into providing his DNA does not constitute a privacy violation. ... Read more

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Decision offers guidance on arbitration clause enforceability

A recent Court of Appeal decision provides valuable guidance on when arbitration clauses will be enforced, Toronto commercial litigator and appellate counsel  Brian ... Read more

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Ruling finds by-laws relating to golf course ultra vires, vague

A recent Ontario Superior Court ruling has found that five by-laws and a town council resolution approving a Cultural Heritage Landscape (CHL) Conservation Plan for a ... Read more

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Radnoff: SCC decision not 'all doom and gloom' for journalists

Media outlets should be pleased in principle with a Supreme Court of Canada decision even though it forced the journalist at the centre of the case to hand over his materials to ... Read more

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Difficult for lawyers to come back from criminal convictions

A disbarred British Columbia lawyer who was denied a licence to practise in Ontario faced an uphill battle due to the close connection between his criminal convictions and his ... Read more

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Golf course ruling highlights Heritage Act protections for owners

A recent ruling that will allow the owner of a renowned Oakville golf course to move forward with an application to redevelop the site confirms that the Ontario Heritage Act ... Read more

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Cherniak to share insights on Groia case at Lerners CPD seminar

Toronto lawyer and arbitrator  Earl Cherniak will discuss key points and lessons from the landmark case Groia v. Law Society of Upper Canada  as part of an upcoming ... Read more

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Requiring firm to run golf course 'worse than an expropriation'

Denying property rights to the owner of a renowned Oakville golf course would be “worse than an expropriation," as forcing it to maintain the site as-is would cost the ... Read more

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Rosen: SCC affirms counsel's right to 'fearless advocacy' in Groia case

The Supreme Court of Canada (SCC) has reaffirmed the right of counsel to engage in fearless advocacy by quashing a finding of professional misconduct against a lawyer, Toronto ... Read more

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‘Playing fast and loose’ with evidence rules a recipe for trouble

A key takeaway from the dispute between a former war correspondent and one of Canada’s biggest media companies is when parties in an action are required to produce ... Read more

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Cherniak: Groia case 'among most rewarding' of career

A nine-year legal battle that concluded with the Supreme Court of Canada (SCC) overturning a finding of professional misconduct against Ontario lawyer Joe Groia is not just a ... Read more

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Interlocutory suspensions require law society disclosure

Without confirmation from an appellate court, it remains to be seen whether the Law Society of Ontario (LSO) will follow a recent hearing panel decision that would require it to ... Read more

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FCA reaffirms importance of common interest privilege

A recent Federal Court of Appeal decision that recognizes the doctrine of common interest privilege in the context of a commercial transaction is consistent with existing ... Read more

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Cherniak taking Groia case to SCC Nov. 6

The Supreme Court of Canada (SCC) will consider the issue of who should regulate the conduct of lawyers defending their clients' rights in court when it hears the case ... Read more

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Radnoff to discuss key considerations of settlement at LSUC program

Toronto commercial litigator and appellate counsel  Brian Radnoff will share his insights on   settlement agreements at the upcoming “A litigator's guide to ... Read more

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