Civil Litigation

Court has domain in determining injunctive relief: O'Connor

A recent Ontario Superior Court decision confirms that although a contract may contain a clause setting out when a breach causes irreparable harm, the court will ultimately determine whether harm has been established and if injunctive relief is appropriate, says Toronto civil litigator Sarah O’Connor. Read more

Tips for a smooth home renovation project

Home renovations are frequently followed by legal action concerning the price or quality of work, but those disputes can often be avoided with careful planning before starting the project, says Toronto senior litigation lawyer Jeffrey Silver. Read more

OCA says lawyers can pursue matrimonial assets of client

A recent judgment in his client’s favour reinforces the right of lawyers to pursue matrimonial assets in family law proceedings when past accounts have not been paid, even when the ownership of that property is in dispute, says Toronto litigator Jonathan Miller. Read more

Howard Winkler’s media roundup

Toronto lawyer and mediator Howard Winkler is frequently called upon by the media as a trusted source for their news stories, particularly for his focus on defamation and privacy issues. Read more

Court-ordered sale often the fix for joint property dispute

When property co-owners disagree on whether or not to sell, an application under the Partition Act may be an effective, court-directed means to resolve the dispute, says Brampton civil litigator Edwin Upenieks. Read more

Ruling demonstrates progress in court's view of casual sex

A recent case where a man was found guilty of sexual assault after he agreed to wear a condom but proceeded to have unprotected sex with his partner shows that the courts are more open to the fact that people can set limits when participating in casual sex, says Toronto civil litigator Sarah O’Connor. Read more

Home insurance a wise investment in the face of a lawsuit

Homeowners without insurance are taking a risk as there is always a chance someone will get hurt on their property, says Barrie civil litigator Scott Hawryliw, who often represents people in that precarious situation. Read more

Decision reinforces importance of full disclosure

A recent ruling reinforces the importance of full and frank disclosure in family law matters, says Toronto civil litigation lawyer William Pepall, who acted for the successful respondent. Read more

Cormier successfully defends client in $12-million lawsuit

If someone alleges the negligence of a tradesman led to a fire in a home, they have to provide the court with an opinion about what standard of care that person is expected to meet in their duties, says Toronto trial and appellate lawyer Joel Cormier, who successfully defended a plumber in a $12-million lawsuit. Read more

No cap on damages in landmark sex abuse ruling

By Elizabeth Grace Concluding the sexual abuse and its impacts were “at the upper end of the worst-case scale”, an Ontario court has awarded a plaintiff $400,000 for non-pecuniary damages. Read more

Shpigelman’s varied practice rooted in candour

Clients come first for Toronto lawyer Svetlana Ora Shpigelman. Read more

Decision clarifies rescission notice under AWA

A recent decision provides both franchisees and franchisors with some clarity on what constitutes notice of rescission under the Arthur Wishart Act (Franchise Disclosure), 2000 (AWA), says Toronto civil litigator Stephany Mandin, who acted for the successful plaintiffs in the case. Read more

Sometimes you ‘just gotta sue’: Huberman

While mediation and other alternatives to litigation have their place, “sometimes you just gotta sue,” says Toronto litigator and commercial arbitrator Marvin Huberman. Read more

Subway’s defamation lawsuit aimed at stifling criticism: CBC

TORONTO — A lawsuit by the world’s largest fast-food operator over a report on the content of its chicken sandwiches is an attempt to stop the CBC from covering matters of public interest, an Ontario court heard on Tuesday. Read more

Parties usually consent to minor claim amendments: O'Connor

Parties in civil cases can usually amend statements of claim at any stage of litigation, says Toronto civil litigator Sarah O’Connor. Read more