- Toronto Civil Litigation and Business Lawyers

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Assignment vs. Sublease in Commercial Tenancies

September 9, 2023 No Comments

Navigating the complex landscape of commercial tenancies becomes even more intricate when terms like “assignment” and “sublease” emerge. While these terms may sometimes be used interchangeably by those less acquainted with property jargon, they embody distinct concepts with specific legal implications. Grasping the differences between them is vital for both tenants and landlords to facilitate seamless transitions and evade potential pitfalls.

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Defamation in the Age of Online Trolls

September 8, 2023 No Comments

The freedom of the internet allows for uninhibited self-expression. While many embrace this freedom to share positive stories, ideas, and feedback, others exploit it to spread malicious rumors or make derogatory comments without facing immediate consequences. The cloak of anonymity can embolden such individuals, making the internet a potential hotbed for defamation.

Sase Aggregate: Court of Appeal’s Take on Stolen Funds

August 24, 2023 No Comments

In the constantly evolving realm of legal jurisprudence, the case of Sase Aggregate Ltd. v. Langdon offers intriguing insights into the principles of knowing receipt, knowing assistance, and unjust enrichment. This article dives into why Sase Aggregate Ltd., the appellant, was unsuccessful in both its initial application to the lower court and its subsequent appeal to the Court of Appeal for Ontario.

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Selling Your Business: The Importance of Proper Valuation

July 15, 2023 No Comments

For many business owners, the question “How much is my business actually worth?” weighs heavy on their minds. This is particularly true if you’re considering selling your business. The value of your business significantly influences the returns you receive from its sale. This factor not only affects your negotiation strategies but also has potential implications for your future financial well-being. The process of determining this value is known as business valuation, and it’s an intricate, multilayered exercise that requires expert knowledge.

Anti-SLAPP Motions: Costly Affair or Cost-Efficient Solution? – Lessons from Park Lawn Corp. v. Kahu Capital Partners Ltd.

July 14, 2023 No Comments

The recent appeal in Park Lawn Corp. v. Kahu Capital Partners Ltd. to the Court of Appeal of Ontario has thrown open the floodgates of discussions on the costs, efficiency, and economic implications of anti-SLAPP (Strategic Lawsuit Against Public Participation) motions.

Defamation Law Explained: How the Parties’ Conduct Impacts Ontario Cases

July 9, 2023 No Comments

When the invisible line of respect between individuals in society is crossed through defamatory comments, the law provides a remedy through defamation lawsuits. However, these cases are not black-and-white. Their outcomes can be influenced by the actions and behaviour of involved parties – both before and after the publication of the defamation. In Ontario, this scrutiny of conduct plays a pivotal role in shaping legal outcomes.

How Defamation Damages Work in Ontario: A Detailed Look

July 8, 2023 No Comments

Understanding defamation law, especially when considering the potential damages, is no small feat. The nuances and complexities can be overwhelming, yet having a clear comprehension of what the damages entail is invaluable for plaintiffs and defendants alike. In Ontario, defamation law encompasses three key types of damages: Aggravated, Special, and Punitive Damages.

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SLAPPing Back: An Insight into Ontario’s Protection of Public Participation Act

June 17, 2023 No Comments

There is an ever-present tension between the right to freedom of speech and the need to protect individuals and corporations from defamation. In Ontario, Canada, the Protection of Public Participation Act 2015 (Ontario PPPA) aims to tip the balance towards the former, providing a robust defence for those who choose to express their views on matters of public interest.

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Between Privilege and Liability: Ontario’s Lawmakers in the Balance

June 12, 2023 No Comments

When we talk about “parliamentary privilege,” we refer to a set of rights and protections that enable lawmakers at the federal and provincial levels in Canada to perform their duties without fear of being legally liable. These privileges safeguard the democratic principles Canada is built upon, ensuring each branch of government respects the others’ roles.

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Shedding Light on the False Light Tort

May 24, 2023 No Comments

In 2019, Ontario recognized “publicity which places an individual in a false light” – the “false light tort” – as a part of the common law. Despite its relatively straightforward definition, the false light tort remains puzzling due to its ambiguous parameters, unique elements, and potential utility.

Extra Points: The Game of Canadian Taxation for Athletes

May 22, 2023 No Comments

How does Canadian tax law impact professional athletes? To understand this, we need to think about multiple scenarios, and consider the athlete’s residency, their affiliations with Canadian or foreign-based teams, and the ever-changing political landscape surrounding the taxation of sports franchises in Canada.

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When Bags Fly: Airline Baggage and Cargo Liability

May 15, 2023 No Comments

When your cargo or luggage gets damaged or lost during international air transport, you might think that the airline will compensate you for your losses. However, the legal landscape surrounding airline liability for international cargo and baggage is complex. It’s governed by international conventions like the Warsaw Convention and the Montreal Convention, which establish specific rules and liability limits for airlines.

The Business Judgment Rule: A Director’s Guide to Risky Business

May 14, 2023 No Comments

The business judgment rule has its roots firmly planted in the need to facilitate an environment of innovation and growth in business. Recognizing that running a business often involves taking risks, this rule has been developed to shield directors and officers who are willing to take calculated chances to propel a corporation forward.

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Civil Fraud: The Wolf in Sheep’s Clothing

May 14, 2023 No Comments

Civil fraud, also known as deceit, is a serious economic tort or civil wrong that involves a deliberate deception through false representation. It requires four elements: a false representation by the defendant, their knowledge (or recklessness) of the falsehood, the plaintiff’s action influenced by this representation, and a loss suffered by the plaintiff as a result.

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Silver State Justice: A Closer Look at Nevada’s Court System

May 10, 2023 No Comments

The judicial system in Nevada plays a critical role in upholding the rule of law and ensuring the fair administration of justice. The courts covered include Municipal Courts, Justice Courts, Small Claims Court, District Courts, Family Courts, and Appellate Courts, comprising the Supreme Court and the Court of Appeals.

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Insider Intel: Navigating the Gray Areas of Insider Trading

May 9, 2023 No Comments

An “insider” is broadly defined, including the corporation, directors, officers, major shareholders, employees, and professionals like lawyers or accountants. Liability extends to those receiving confidential information from insiders (tippees). Insiders cannot tip others for trading advantages. If an insider tips an unrelated person, they are liable for damages and accountable to the corporation for benefits received.

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Will ChatGPT Replace Lawyers?

May 7, 2023 No Comments

In recent months, the rise of advanced artificial intelligence and natural language processing technologies, such as Large Language Models (LLMs) like ChatGPT, has sparked a debate about their potential impact on various industries, including the legal profession. The million-dollar question inevitably arises: Will LLMs replace lawyers (and perhaps judges also), or at the very least, lead to a massive paradigm shift in law practice?

Social Media Ad-vice: Advertising on Social Media

May 6, 2023 No Comments

Social media has changed advertising, and while traditional media still has a place in the market, social media’s massive potential consumer base is hard to ignore. Advertisers must now concentrate on social media engagement.

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Sorry, Not Sorry: Apologies & Retractions in Defamation Law

May 5, 2023 No Comments

In defamation cases, an apology may play a crucial role in the assessment of damages. However, it is important to note that courts lack the jurisdiction to order defendants to apologize. The existence of an apology, the sincerity of the defendant, and the extent of the publicity given to the apology are factors that courts consider when determining damages.

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Personal Boundaries: The Tort of Trespass to the Person

April 30, 2023 No Comments

Trespass to the person is a longstanding area of tort law that addresses actions involving direct physical contact or threats to an individual’s physical or mental well-being.

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Tracing Commingled Funds: Unraveling the LIBR Mystery

April 26, 2023 No Comments

The Lowest Intermediate Balance Rule (“LIBR“) is an essential concept in the legal world, particularly in cases involving the tracing of funds. It is an evidential rule that assumes that when a person commingles their own funds with funds belonging to someone else, they are assumed to have spent their own funds first.

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The Ins and Outs of Parenting Time: What You Need to Know

April 25, 2023 No Comments

Parenting time and decision-making responsibility are two different things in family law. This blog post will focus on parenting time, a term that has replaced the meaning of what was previously called “access” in the Divorce Act and most provincial statutes.

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Unconscientious, Unconscionable, Unfair: Equitable Fraud

April 24, 2023 No Comments

Traditionally, fraud has been understood as involving deceit or intentional misrepresentation. However, the courts have expanded the concept to encompass equitable or constructive fraud, which includes various forms of unfair dealing and unconscionable conduct in contractual matters.

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Suing a City: Abuse of Power Lawsuits

April 18, 2023 No Comments

Yes, believe it or not, you can sue a city. Municipal corporations, which include cities, are no longer immune to liability as they were in the past. They can be held accountable for various wrongdoings, such as tortious acts, breaches of contract, and neglecting statutory duties.

Rylands v. Fletcher: Property Damage Claims

April 15, 2023 No Comments

Rylands v. Fletcher is a landmark case in English tort law that established the principle of strict liability for certain harmful activities. The rule states that a person who uses their land for non-natural purposes and accumulates a potentially dangerous substance on their property may be held strictly liable if that substance escapes and causes damage to another’s property.

The Power of Opinion: The Fair Comment Defence

April 15, 2023 No Comments

The fair comment defence is designed to protect the right to express opinions on matters of public interest, even if those opinions are unpopular, controversial, or critical of others.

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The Fine Print: Notice Requirements in Ontario Defamation Law

April 14, 2023 No Comments

In Ontario, special notice requirements apply to defamation cases involving libel in a newspaper printed and published in the province or a broadcast from a station within Ontario. Plaintiffs must provide written notice to the defendant within six weeks after becoming aware of the alleged libel.

The Battle for Chattel: Understanding the Tort of Conversion

April 11, 2023 No Comments

The tort of conversion primarily deals with the unlawful interference of another person’s movable personal property, known as chattels. In contrast to trespass to goods, conversion demands more than just a simple invasion of the plaintiff’s possessory rights; it necessitates an interference that denies the plaintiff’s title.

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The Principal Residence Exemption

April 10, 2023 No Comments

The term “principal residence” refers to a taxpayer’s primary dwelling or housing unit for a specific tax year. The taxpayer, their spouse, common-law partner, former spouse, or child must ordinarily inhabit the residence. A personal trust can also claim a principal residence if it is regularly occupied by a specified beneficiary or their immediate family.

From Threats to Torts: The Law on Intimidation

April 10, 2023 No Comments

The tort of intimidation, a relatively less explored area of common law, has been recognized and established through a series of judicial decisions. The House of Lords in Rookes v. Barnard (“Rookes“) formally acknowledged the existence of this tort, which has since been accepted as part of the common law in Canada.

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DENIS GRIGORAS

B.A. (Hons), J.D./LL.B.

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RACHELLE WABISCHEWICH

B.A. (Hons) (summa cum laude), J.D.

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