Neighbours and Driveway Disputes #toronto #cdnlaw #litigation
There’s a lovely stretch of houses in my neighbourhood along Glenlake Road, but my heart sinks whenever I pass by the neighbours at 100 and 104. Before I read about … Continue reading
Expecting Manners in Law #law #cdnlaw #litigation
I have long been a fan of Miss Manners. In a recent article of hers, she clarified that a first year law student should not scold her professor – especially … Continue reading
Fouldis v. Ford Decision in ORs today #cdnlegal #topoli #onpoli #litigation
The Fouldis v. Ford libel decision was published today in the ORs. Justice MacDonald dismissed the complaint, finding there was insufficient evidence to link Mr. Fouldis to Tuggs Inc. – … Continue reading
Video Taping an Examination #CDNlegal #litigation
Interesting decision in the ORs today. In J.M. v. Clouthier et al., 2013 ONSC 221, Hennessy J. allowed a motion to videotape a defendant‘s examination for discovery for potential use … Continue reading
Divided Case Law – Are Duties to Negotiate in Good Faith Unenforceable? #CDNLaw #litigation #onca
Provisions requiring parties to negotiate in good faith are pervasive. But Justice Pattillo of the Ontario Superior Court of Justice recently ruled that requirements to negotiate in good faith – … Continue reading
We Need Government-to-Government Relations to Address Ontario-First Nations Dysfunction: Inquiry Report #idlenomore
The relationship between Ontario’s justice system and Aboriginal peoples in this province is dysfunctional, according to the Honourable Frank Iacobucci in his report released late last month: First Nations Representation … Continue reading
The Right to Gripe: Sarah Thomson and #buttgate
Of course the whole thing has been blown out of proportion. But for Ford’s newsworthiness and Friday being a slow news day, people would not normally have paid this … Continue reading
#SCC Fails to See #HateSpeech is Everyday Speech
Yesterday, the Supreme Court of Canada ruled it is constitutionally permissible for provinces to penalize hate speech. I am uncomfortable when our government regulates morality. I thought we had learned … Continue reading
#Metrolinx asks Court to Strike Clean Train’s Submissions – and to Award it Costs
Clean Train Coalition is seeking the court’s permission to appeal a decision against it. In November, the Divisional Court held the Coalition had no right to seek review of the … Continue reading
Basic Contract Principles Revisited #law #CDNlaw #litigation
Here’s a helpful decision reported in the Ontario Reports this week: 2195002 Ontario Inc. v. Tribute Resources Inc., 2012 ONSC 5412, at http://digital.ontarioreports.ca/ontarioreports/20130215#pg158 Starting at paragraph 24, Rady, J. canvasses … Continue reading
