Litigation

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

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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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BEING RECORDED IN A PUBLIC PLACE – WHAT ARE MY PRIVACY RIGHTS?

Increasingly businesses (and employers) and public organizations deploy and use ever-improving surveillance technology, including workplace audio and video recording.  Ontario law has remained vigilant and watchful, attempting to balance legitimately-held privacy expectations for everyone against unreasonably invasive privacy intrusion, particularly to foster security, safety and legitimate business or public interests.   In an important, recent

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SOCIAL MEDIA ATTACKS – PROCEED WITH CAUTION – THE COURT IS WATCHING

Increasingly maligned victims on social media resort to the Court for redress. The Court is becoming more intolerant of defamatory conduct online, to the extent that significant damages may be ordered against the traducing party. No longer does the Internet shield against vilifying another online.     There have been several notable cases. For example, fairly

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