Litigation

WE LOVE TO SAY "SORRY", BUT DID YOU KNOW WE’VE MADE IT PART OF OUR LAW AND IT CAN HELP YOU LEGALLY

In Ontario, unlike any other jurisdiction to my knowledge, we’ve made the act of saying “sorry” part of our legal system, for which there are legal ramifications, both for saying it and for not saying it. In fact, we’ve made it legislation; namely, Ontario’s “Apology Act” (the “Act”). This is uniquely an Ontario-only legal initiative. […]

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NEW PRIVACY PROTECTION IN ONTARIO – I CAN SUE YOU IF YOU PLACE ME IN A FALSE LIGHT IN THE PUBLIC EYE (ONLINE OR OTHERWISE)

There has been a very important development in Ontario privacy law recently, further protecting an individual’s protection from online attacks and predatory behaviour. In this family law case, the father had posted on social medial negative and highly personal information about the children at issue, in addition to engaging in a social media-driven smear campaign

NEW PRIVACY PROTECTION IN ONTARIO – I CAN SUE YOU IF YOU PLACE ME IN A FALSE LIGHT IN THE PUBLIC EYE (ONLINE OR OTHERWISE) Read More »

FIGHT WITH YOUR NEIGHBOUR? THINK TWICE BEFORE AIRING IT OUT IN THE COURT

Having a dispute with your neighbour? Well, before you call your lawyer, think about this well-known (at least in legal circles) decision by the Court about feuding neighbours taking up valuable and limited judicial resources.   The Case: Morland-Jones v. Taerk, 2014 ONSC 3061 (CanLII) The Dispute: Neighbours. Mutual allegations about family pets, profanity, disturbing the peace

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IF I REPRESENTED MEGHAN AND HARRY? YES, ONTARIO WILL PROTECT YOUR PRIVACY. SUE THOSE CHEEKY MONKEYS.

What would I advise the (former) Royals about the paparazzi if they were living in our province? Ontario allows a person to sue another for damages for invasion of privacy. This has not always been the case – it is a fairly new development in Ontario. Many assume a right to privacy, but only recently

IF I REPRESENTED MEGHAN AND HARRY? YES, ONTARIO WILL PROTECT YOUR PRIVACY. SUE THOSE CHEEKY MONKEYS. Read More »

COMPROMISING/EMBARRASSING PHOTO OF YOU POSTED ONLINE BY ANOTHER? YOUR PRIVACY MAY BE BREACHED. YOU MIGHT BE ENTITLED TO DAMAGES.

Publishing online very personal or intimate information or images of another may be a very costly mistake. The Ontario Court is increasingly awarding significant damages against those who do so. For example, in a case called Jane Doe 464533 (the Plaintiff’s name cannot be disclosed), the Court ordered damages and costs totaling $141,000, plus an

COMPROMISING/EMBARRASSING PHOTO OF YOU POSTED ONLINE BY ANOTHER? YOUR PRIVACY MAY BE BREACHED. YOU MIGHT BE ENTITLED TO DAMAGES. Read More »

“RELENTLESS” SOCIAL MEDIA ATTACK – BIG DAMAGES (INCLUDING FOR SPOUSES)

Yet another friendly reminder from your local lawyer to be mindful that every text, e-mail and social media post you transmit, or post may end up as evidence against you in Court. A recent B.C. case affirms the Court’s increasing willingness to award damages for online attacks, recognizing them as having the same impact as

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X-MAS SHOPPING ONLINE? GIFT NOT DELIVERED IN TIME? KNOW YOUR RIGHTS!

In Ontario, many of your rights as a consumer are proscribed primarily by Ontario’s Consumer Protection Act (the “CPA”). Firstly, when you sign a contract in Ontario: •    for a product or service you buy from a door-to-door salesperson (also called a direct agreement); •    to pay in advance to join a fitness club or

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DISTRACTED DRIVING “WHAT IT IS AND THE STRONG PENALTIES“ REMIND YOUR KIDS (AND YOURSELVES)

I have a new teenage driver at home, with more to come. It’s a good time to review the strict penalties in Ontario for distracted driving, including to remind not only ourselves, but our kids, too. Be safe, not sorry. DEFINITION OF “DISTRACTED DRIVING” Ontario’s distracted driving laws apply to the use of all hand-held

DISTRACTED DRIVING “WHAT IT IS AND THE STRONG PENALTIES“ REMIND YOUR KIDS (AND YOURSELVES) Read More »

YOU CANNOT BE ARRESTED IF ACTING LAWFULLY “NO ANTICIPATORY ARREST“ SUPREME COURT

The Supreme Court has now decided that the police have no power to arrest a person who is acting lawfully, even if the justification would be to prevent a potential crime from being committed. For example, if you were involved in a protest, but you were acting lawfully, the police have no authority to arrest

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KILLER CREDIT – TIPS FOR DEALING WITH CREDIT AGENCIES REPORTING DEBTS

What if you learn that someone has reported a debt against you that is wrong or is being disputed by you? Since your credit rating and your ability to secure credit may be significantly compromised, you wish to challenge the reporting but what is the recourse. Collection agencies in Ontario are governed by the Collections

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