Defamation: When Does Gossip Cross the Line?
Canadian Horse Journal
Ontario Court of Appeal: Experts vs. Participant Experts
In a post on this blog in January, the Ontario Court of Appeal’s ruling in Moore v. Getahun was discussed. That case saw the Ontario Court of Appeal overturn a lower court’s ruling in respect of the practice of lawyers reviewing...
Getting the Deal Through
Asset Recovery (Canadian Chapter)
Horse Boarding: The Value of Written Boarding Agreements
Equine Consumers' Guide, 2015
Moore v. Getahun – Court of Appeal Clarifies Rules Regarding Expert Witnesses
In January of 2014, Madam Justice Wilson of the Ontario Superior Court of Justice released her reasons in Moore v. Getahun. The case was not noteworthy for the facts, which related to a motorcycle accident in which the plaintiff injured his...
Expert Evidence and the Judge as Gatekeeper
For expert evidence to be admissible, it must be: (a) relevant; (b) necessary to assist the trier of fact; (c) it must not be subject to any exclusionary rules; and (d) the expert must be properly qualified (R. v. Mohan)....
Bad Faith and Claims Surviving Bankruptcy
One of the primary reasons why people declare bankruptcy is that upon being discharged, the bankrupt person is released from their obligation to repay most of the debts that had existed at the time they went bankrupt. I say most...
Cybercrime: Be Careful What You Click For
Author: Gregory Cohen Cybercrime highlights the unique value of information and the need for a risk strategy to deal with online security and liability. In particular, data breaches and network outages can cause significant consequences for individuals, governments, organizations, and...
Business Agreements and Limitation Periods
Recently, the Court of Appeal considered limitation periods and discoverability in the context of profits shared under a partnership agreement. This case is significant as it deals with a common scenario in which the terms of a business agreement are...
Updates in Oil Tank Litigation
Will We Be Out of a Job? Will oil tank leak litigation be a thing of the past? Not likely, but it is interesting that in 2013 TSSA mandated that all new tanks installed must be double-walled to help prevent...
