THE INFORMATION PORTAL

The ruling in Kulyk v. Guastella reminds us of the importance of timely dealing with civil defamation claims, regardless of concurrent criminal proceedings. Justice Myers’ decision, grounded in the interpretation of the Limitations Act, emphasizes an objective standard for initiating defamation claims. Potential plaintiffs must therefore remain vigilant and proactive in protecting their legal rights against defamatory accusations, even amidst criminal proceedings.

Pleading fraud requires clarity, precision, and a well-documented factual basis. While the potential for recovering consequential or even punitive damages can be attractive, the risks of dismissal and adverse cost implications underscore the need for a meticulously prepared claim.

Businesses of every size invest substantial time and money into developing their brand, trade names, and goodwill. Whether it’s a distinctive logo, a well-recognized label, a slogan that resonates with customers, or even a unique style of packaging, these assets help a business establish its identity and build a loyal consumer base. When others attempt to imitate or capitalize on this reputation—confusing the public in the process—the law of passing off and unfair competition in Canada comes into play.

Shareholder rights in Ontario rest on a framework that includes corporate statutes like the OBCA and CBCA, the corporation’s own governing documents, and common law principles developed through years of judicial precedent. These rights ensure that individuals who invest in a company have some means of monitoring its activities, participating in major decisions, and seeking redress if those at the helm engage in improper or unfair conduct.

Pleadings are the bedrock of any civil litigation case in Ontario. Understanding what they are, how they function, and why they matter is crucial for anyone involved in a lawsuit—whether you are a plaintiff seeking compensation or a defendant trying to minimize liability. The Ontario Rules of Civil Procedure (particularly Rules 25 to 29) lay out precise requirements for drafting, serving, and amending pleadings, as well as for bringing additional parties or claims into the fold.

Transferring property from one person to another without expecting anything in return is a familiar concept—yet the legal treatment of gifts in Canada can be surprisingly intricate. Courts and statutes have developed specific rules about what qualifies as a gift, how gifts are perfected, whether certain gifts are revocable or conditional, and how disputes can be resolved