A recent Ontario Superior Court case will be of interest to commercial landlords and tenants alike.
In 1251614 Ontario Ltd v. Gurudutt, the tenant signed a 10 year lease that granted the tenant the right to renew the lease for 2 further terms of 5 years each, with rental rates to be negotiated at the time of renewal and settled by arbitration, if necessary. In addition, the lease ...
Restrictive covenants are commonly used for a wide variety of reasons. They can ensure access across property or be part of a wider community plan. They can define the use land can be put to or protect it for a singular purpose. They are intended to be a commitment that runs with the land rather than just an obligation or benefit for the current owners. There is no standard form of ...
On April 16, 2015, the Supreme Court of Canada released its Reasons for Judgment in the case of Carey v. Laiken, 2015 SCC 17, clarifying that a specific intention to breach a court order is not necessary for a finding of contempt, and clarifying when a Court can and cannot revisit a finding of contempt that it has previously made.
Mr. Carey was counsel for Mr. Sabourin and his ...
High profile professional cases of on-field misconduct (think Bertuzzi, McSorley, etc.) have generated considerable headlines in the past, but what about when you or me laces em’ up and goes out on the weekend to play beer league sports?
What are the legal lines we encounter between legitimate and in the heat of the moment physical contact (a body check or slide tackle) and ...
This is a vexing question. It generally arises when a rogue has made off with money or assets having perpetrated a fraud and has left behind two or more equally innocent victims. As between those victims, who should bear the loss?
Earlier this week, the Alberta Court of Appeal weighed in on just such a case. The short answer is that the court will look to the statutory rights of the ...
In a recent decision from the Canadian Radio-television and Telecommunications Commission (CRTC), Plentyoffish Media Inc. was fined $48,000 for violating Canada’s anti-spam legislation. This announcement comes only weeks after Compu-Finder was hit with a $1.1 million fine, which was the first fine levied after CASL came into effect in July 2014.
Plenty of Fish, a ...
Today, the Supreme Court of Canada, in a judgment that revealed a deep divide between Justices from Quebec and those from the rest of Canada, wrote the final chapter in the long-gun registry saga. In a 5 to 4 decision, with all 3 Quebec Justices in the minority, the Court dismissed Quebec’s constitutional challenge to federal legislation that mandated the destruction of ...
In a recent precedent-setting case, the Ontario trial court considered the boundaries of what is acceptable speech in the internet blogosphere. The case is one of first impression in Canada. As the court observed: “Political debate in the Internet blogosphere can be, and, often is, rude, aggressive, sarcastic, hyperbolic, insulting, caustic and/or vulgar. It is not ...
EAST TEXAS - On February 25, 2015, Apple Inc. was found liable for patent infringement on three patents owned by Smartflash LLC and ordered, by an East Texas jury, to pay Smartflash LLC the princely sum of $532.9 million dollars in damages for the infringement.
Smartflash LLC owns patents that cover methods for digital rights management over songs and software, and methods of ...
In the recent case of Carter v. Canada, the Supreme Court of Canada declared invalid the Criminal Code prohibitions against physician-assisted suicide. Those provisions made it a crime for a person to “consent to have death inflicted on him” (s. 14) and to “aid or abet a person to commit suicide” (s.241(b)). The SCC found this blanket prohibition was a breach of the ...
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