Litigation

INVASION OF YOUR PRIVACY – YOU CAN NOW SUE SOMEONE FOR THAT (WORK AND PERSONAL)

Ontario now 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 have our Courts recognized a legal right for a person to actually sue another for damages for […]

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GOING IT ALONE – REPRESENTING YOURSELF IN YOUR COMPLAINT TO THE ONTARIO HUMAN RIGHTS TRIBUNAL – CAUTION

Any person in Ontario can apply to the Ontario Human Rights Tribunal to allege that an employer, for example, has discriminated against that person based on a protected ground under the Ontario Human Rights Code, such as disability. Often these applications are made by employees who are terminated, but who allege that the employer discriminated

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STILL GETTING SPAM EMAILS? YOU CAN DO SOMETHING ABOUT IT – THE LAW WILL HELP

Rogers Media Inc. (Rogers) recently paid $200,000 as part of a settlement involving the CRTC for Rogers alleged violations of Canadas anti-spam legislation (CASL). The CASL requirements about Commercial Electronic Messages (CEMs) have been the law since July 1, 2014. Rogers is not the first to be fined. Porter Airlines paid a significant penalty earlier

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AN ILLEGAL RENOVATION BY THE FORMER OWNER – FINALLY, A VICTORY FOR HOMEOWNERS AGAINST THE INSURANCE CO. – UNSHROUDING THE MYSTERY OF THAT TITLE INSURANCE POLICY

You just bought a new house. When you bought it, you likely purchased title insurance. Most do, these days. Title insurance policies in Ontario are extensively used for home buying, but the law has not kept pace on these types of policies, what they mean, what they actually cover, and the like. There is a

AN ILLEGAL RENOVATION BY THE FORMER OWNER – FINALLY, A VICTORY FOR HOMEOWNERS AGAINST THE INSURANCE CO. – UNSHROUDING THE MYSTERY OF THAT TITLE INSURANCE POLICY Read More »

BEING ADDED TO A JOINT BANK ACCOUNT FOR AN ELDERLY PARENT OR FRIEND – BE CAREFUL!

Often an elderly person, or person who is in need of some financial management assistance, adds an adult child or family member to a pre-existing bank account, making it a joint bank account. Commonly there is no paperwork made when this is done, such as the elderly person indicating, in writing, whether: –     the

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SUING DEEP-POCKETED DEFENDANTS – LEVELLING THE PLAYING FIELD WITH A LITIGATION LOAN

Suing a deep-pocketed defendant can be problematic from a litigation funding angle. An emerging trend in other countries is funding by a third party to finance the litigation, if the litigation is meritorious. This ‘level-the-playing-field’, access-to-justice-premised emergence is finding its way into Ontario law. There are both proponents and those who are critical of this

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PARENTS MAKING ADULT CHILDREN JOINT ACCOUNT HOLDERS – KNOW THE LAW – MORE ABOUT LEAVING A LEGACY OF LITIGATION

Recently I blogged about parents placing their adult children as joint holders of a bank account or other asset and the risks of doing so. Lori M. Duffy and Hayley Peglar, lawyers at Weir Foulds LLP, recently blogged about this issue, too. Their blog is a great summary of the perils that can materialize with

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SO, YOU HAVE BEEN DEFAMED – THE BASICS AND WHAT TO CONSIDER:

Defamation has two forms: libel (written words) and slander (spoken words). For a defamation case, as person must prove: 1.            the words at issue were defamatory (meaning they would negatively impact the persons reputation in the eyes of a reasonable person); 2.            the words, in fact, referred to the person complaining about those

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WHEN NEIGHBOUR DISPUTES REACH THE COURTROOM – A POX ON BOTH YOUR HOUSES. YOU BOTH LOSE.

The Case: Morland-Jones v. Taerk, 2014 ONSC 3061 (CanLII) The Dispute: Neighbours. Mutual allegations about family pets, profanity, disturbing the peace and misbehaviour generally. An injunction was sought. The Outcome: A pox on both their houses. The Court dismissed all of the claims and, effectively, admonished both sides for usurping the limited resources of the

WHEN NEIGHBOUR DISPUTES REACH THE COURTROOM – A POX ON BOTH YOUR HOUSES. YOU BOTH LOSE. Read More »

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