Cost Award from Blogging: Blake v Blake

If you or your firm blogs about a court decision, then the court will infer that you knew about the case. In Blake v. Blake, 2019 ONSC 4062, Justice Daley wrote about the consequences of blogging about a case but failing to bring that case to the court’s attention.  Counsel for the respondent blogged about … Continue reading Cost Award from Blogging: Blake v Blake

Moving for Partial Summary Judgment: Mason v. Perras Mongenais

In Mason v Perras Mongenais, 2018 ONSC 1477, Mason sued two law firms and a lawyer for professional negligence. Mr. Mason hired the lawyer Mr. Chambers to represent him in his divorce proceeding. During the divorce proceeding, Mr. Chambers retained a tax lawyer (Mr. Perras) to advise on tax matters within the divorce proceeding. Mr. … Continue reading Moving for Partial Summary Judgment: Mason v. Perras Mongenais

Is Justice Blind?

Justice is blind or so they say. It is supposed to pay “no heed to the social status or personal characteristics of the litigants”. But this simply is not true. Race, gender, religion, socio-economic background, sexuality, ethnicity, ability, education, family upbringing, all play a role in the way judges assess the cases before them. But … Continue reading Is Justice Blind?

Baglow v Smith: Case Comment

In Baglow v Smith, 2015 ONSC 1175, Justice Polowin writes a detailed decision regarding defamation in the online world. She states that the online forum operator (message board operator) was a publisher and therefore liable for the defamatory comments made on it. However, ultimately, she finds the defendant operator not liable because they had “successfully asserted … Continue reading Baglow v Smith: Case Comment

Patrong v Banks et al., Pleading a Drive by Shooting

In the recent case Patrong v Banks et al., 2015 ONSC 3078 the defendants are calling for an end to the lawsuit before any evidence has been put to the court. Justice Myers writes: Why should a defendant be able to end a lawsuit that is just at its very beginning?  The defendants have not even … Continue reading Patrong v Banks et al., Pleading a Drive by Shooting