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Thursday, October 03, 2019 @ 1:03 PM

Decision indicates courts now less patient with ‘overly aggressive approaches’ to condo disputes: lawyer Ben Rutherford sm

The Ontario Court of Appeal has sided with a unit owner in her fight to have legal bills assessed after proceedings were brought against her by a condo corporation. Counsel said the decision shows the courts are no longer patient with “overly aggressive approaches to condominium disputes.” ... [read more]

Thursday, October 03, 2019 @ 12:16 PM

Context: An alternative to anti-SLAPP legislation public_debate_sm

How to deal with so-called strategic lawsuits against public participation (SLAPPs) has been an issue of contention across Canada. Some provinces have adopted legislation to deal with the issue that permits defendants to move to have actions dismissed at an early stage on the basis they are SLAPPs. Actual empirical, as opposed to anecdotal, evidence of the extent to which SLAPPs are a problem does not exist, nor is there empirical evidence on the extent to which legislation is the answer. A recent B.C. case points to another effective method for dealing with alleged SLAPPs. ... [read more]

Thursday, October 03, 2019 @ 8:40 AM

COMMERCIAL TENANCIES - Landlord’s remedies

Appeal by the landlord and cross-appeal by the tenant from judgment awarding damages to both parties and setting them off against each other. ... [read more]

Wednesday, October 02, 2019 @ 2:19 PM

Difference between building defect, title defect crackedhouse_sm

The use of title insurance has become a typical aspect of commercial and residential transactions. The benefits of title insurance include protecting an insured against title and other defects. With the proliferation of title insurance policies over the last couple of decades has come case law which sets out the extent of title insurance coverage. One such area of judicial examination concerns building defects. When will a building defect constitute a title defect? ... [read more]

Wednesday, October 02, 2019 @ 12:45 PM

Five new associates at WeirFoulds

WeirFoulds LLP announced that five associates have joined the firm: Alexandra DiCenzo, Elinor Izmaylov, Vipal Jain, Jonathan Lee and Claire McNevin. ... [read more]

Friday, September 27, 2019 @ 1:44 PM

Builder’s risk or commercial general liability: which insurance policy applies? House under construction

When unfortunate circumstances (e.g. flood, fire, etc.) cause significant damage to a major renovation or expansion project while construction is underway, including damage to newly renovated property and pre-existing property, which insurance policy(ies) ought to cover the losses? ... [read more]

Friday, September 27, 2019 @ 9:03 AM

Legal experts decry Ontario’s ‘terrible’ new community housing policy Daniel Del Gobbo

The Ontario government’s move to allow community housing providers to turn away prospective tenants who have been evicted from housing for committing a crime is raising alarm bells for lawyers and academics, who call the new policy disturbing and “terrible.” ... [read more]

Friday, September 27, 2019 @ 8:40 AM

Tax audits likely coming for Home Depot commercial account holders Man_paying_cash

Earlier in September, Home Depot commercial credit cardholders received a message from the home renovation behemoth stating that it was required, by a court order, to disclose to the Canada Revenue Agency its commercial customers’ business names, addresses and the total annual amounts of purchases charged to their accounts. ... [read more]

Thursday, September 26, 2019 @ 5:33 PM - Last Updated: Friday, September 27, 2019 @ 12:38 AM

SCC affirms Ontario owns Crown copyright in plans of survey filed with province’s land registry system Rosalie Abella

In its first judgment on Crown copyright, the Supreme Court of Canada has unanimously upheld the summary dismissal of a breach of copyright class action launched in 2007 by Ontario’s land surveyors, whose plans of survey filed with the provincial land registry system are being sold online by a commercial database, on Ontario’s behalf, without payment to the surveyor-creators. ... [read more]

Thursday, September 26, 2019 @ 1:50 PM

COPYRIGHT - Ownership - Crown

Appeal from a judgment of the Ontario Court of Appeal affirming a decision dismissing a class action brought by Keatley Surveying Ltd (Keatley). ... [read more]