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Litigation

The Basis for Divorce in Canada

Written by: Naa Lansana  The Divorce Act articulates the ground for divorce as a breakdown of a marriage. This collapse of the marital relationship can occur in three ways: Firstly, if the spouses have lived separate and apart for at least one year immediately prior to the determination of the proceeding, and continue to do...
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Is a👍a Signature? Exploring the Implications of the “Emoji Case”

Written by: Sara Bahadori  The “emoji case” gained international attention when a Saskatchewan court ruled that a thumbs-up emoji sent via text message constituted a valid signature in a contract dispute. The case, Achter Land & Cattle Ltd. v. South West Terminal Ltd., highlights the evolving landscape of electronic contracting and the potential legal significance...
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Utilizing a Certificate of Pending Litigation in Partnership Disputes

Written by: Sara Bahadori  Investing in real property with a partner can be a rewarding venture. However, when relationships between co-investors deteriorate, disputes over ownership and control of the property often arise. In such scenarios, a Certificate of Pending Litigation (“CPL”) can serve as a crucial legal safeguard, protecting an individual’s interest in the property...
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Separation 101: What does it mean to be separated?

Written by: Naa Lansana  When it comes to separation, individuals have varying ideas of what that entails. Notions have emanated from popular TV shows, from celebrity break-ups and ensuing salacious details splattered across tabloid pages, but also through sobering personal experiences. It bears noting that in Canada, separation has a very specific meaning. Often, clients...
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Spousal Support: Important Lessons at Retirement

Written by: Naa Lansana with Collaboration of Stefania Rotundu Fielding v Fielding, 2024 ONCA 807: Lessons Learned On October 29, 2024, the Ontario Court of Appeal dismissed an appeal in what was described as a “high conflict family proceeding.” ¹In upholding the trial judge’s decisions regarding the termination of spousal support, the Court imparted important...
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When Minutes Matter: The 3 Gill Homes Inc. v. Kassar Homes Decision and ‘Time is of the Essence’

Written by: Dina Nikseresht Clauses in Real Estate The case of 3 Gill Homes Inc. v. 5009796 Ontario Inc. (Kassar Homes)¹ dealt with a dispute over a real estate transaction that was terminated due to a late payment by the purchaser. The core of the disagreement arose when the purchaser, 3 Gill Homes Inc., failed...
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Breach of Contract and Remedies

What is a breach of contract? A breach of a contract occurs when one or more of the agreed upon terms and/or conditions of a binding contract or agreement is broken or unfulfilled by one or more of the contracting parties. Anything from a late payment to a more significant infraction, such as failure or...
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Starting proceedings as an Applicant

Applicants start civil proceedings to settle a variety of conflicts such as: disagreements about contracts, claims for personal injury or loss, claims for damage to property, or damage to reputation. Pleadings are the first step of the process. In this stage, the plaintiff or party commencing the proceeding files a statement of claim, also known...
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What is Jurisdiction Simpliciter?

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Four Presumptive Factors for Assuming Jurisdiction

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How Can a Defendant Rebut the Presumption of Jurisdiction?

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The Doctrine of Forum Non Conveniens

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Offer to Settle and Cost Consequences: Smith v Kane, 2020 ONSC 4814

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Is the Landlord and Tenant Board Out Of Control?

In this article we discuss the considerable delays that the Landlord Tenant Board is currently facing.
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Looking to Evict a Tenant in Ontario?

In this article we discuss when a landlord is considering applying to the landlord and tenant board to lawfully evict a tenant.
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