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Big Win For Pinto James LLP in Defamation/Cyber Libel Case - $450,000 in Damages Awarded To Client

Posted On: February, 26 2020
In Emeny v. Tomaszewski, 2019 ONSC 3298, Justice Sossin considered what level of damages were warranted where an individual was subjected to serious defamation on social media. In previous decisions, the Courts have awarded a high-level of damages… more »

Firm wins big at Court of Appeal regarding Unclear Employment Agreements

Posted On: October, 22 2019
What happens when employers terminate employees and try to rely on unclear written employment contracts? That was the question in Andros v Colliers where our employee client was terminated on the basis of a written employment contract with a… more »

Real Estate Litigation and Latent Defects: Exceptions to Caveat Emptor

Posted On: October, 07 2019
The legal maxim of caveat emptor, roughly translated as “buyer beware”, is a well-entrenched principle of Ontario real property law. According to this general principle, a buyer of land assumes the cost of any defects in… more »

Norwich Orders and Defamation on the Internet

Posted On: April, 29 2019
Online defamation is an unfortunate reality for many businesses and individuals. Negative online reviews can deter customers away from a business; undermine employee morale; and divert resources to respond to defamatory commentary. Similarly, for… more »

Judge Takes Rare Step Of Letting Cameras Inside Courtroom

Posted On: January, 18 2019
Court delays made headlines againrecently, after Justice Peter Daley addressed the “facilities crisis” facing the Ontario Superior Court in Brampton, where it can take up to eight months to hear a civil or family matter… more »

Partial Summary Judgment Remains a Rare Option For Keeping Costs Low In Civil Matters

Posted On: December, 20 2018
Trial courts continue to iron out the practicalities of the “culture shift” called for by the Supreme Court of Canada in Hryniak v Mauldin, 2014 SCC 7 to apply summary resolution procedures that are shorter and less expensive than trials when doing so is fair and just… more »

Uncertainty Lies Ahead in Testing for Cannabis Impairment at Work

Posted On: December, 10 2018
As the new recreational cannabis laws have rolled out over the past month, there’s been a lot of discussion over how difficult it is to determine whether someone is impaired by the drug. This is because it is not clear how much marijuana in one’s system… more »

The Law of Groups Explained: Three Recent Cases at the Ontario Superior Court of Justice

Posted On: May, 03 2018
What can a group do if it is denied official recognition by a governing association? What can a member do if they are expelled from a group? What happens when there is a dispute between members? In what … more »

Employees’ Personal Liability for Negligence - Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII)

Posted On: April, 25 2018
In Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (“Sataur”), the appellant, Abigail Sataur, pleaded that she was injured when a barista at a Starbucks in Brampton poured scalding hot water on her hands. Ms. Sataur sued Starbucks… more »

Employers Tread Carefully – The Manner of Dismissing an Employee Can Cost You Close to A Million Dollars

Posted On: April, 18 2018
In December 2017, Justice Emery of the Ontario Superior Court awarded Gail Galea approximately $1.6 million in damages for her wrongful dismissal by Wal-Mart Canada.  What is truly remarkable about this decision, is Justice Emery’s award of $750,000 in… more »

Tribunals Cannot Use Legislation to Obtain Documents Protected By Solicitor-Client Privilege Unless It Contains “Clear, Explicit and Unequivocal” Language.

Posted On: January, 25 2018
In Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53, the Supreme Court protected documents subject to solicitor-client privilege from being released under Section 53 of Alberta’s Freedom of Information and Protection… more »

Supreme Court of Canada Upholds Common Law Rule That Positive Covenants Do Not Run With The Land.

Posted On: January, 17 2018
In the 2016 decision in Heritage Capital Corp. v. Equitable Trust 2016 SCC 19, the Supreme Court of Canada (‘SCC’) held that Equitable Trust was not entitled to payments under the Historical Resources Act (HRA) as part of an incentive agreement the City… more »

Ontario Court of Appeal Case Highlights Dangers of Missing Deadlines in Agreements of Purchase and Sale

Posted On: January, 09 2018
The Ontario Court Of Appeal held in its recent decision of 2260695 Ontario Inc. v. Invecom Associates Limited 2017 ONCA 70 that Invecom had violated the terms of their Agreement of Purchase and Sale and therefore had to forfeit its deposit. In this… more »

A “Statement of Fact” Defence Can Fail If the Court Finds Malice in Libellous Comments

Posted On: December, 05 2017
In a 2016 decision, the ONCA overturned the trial judge’s decision in Awan v. Levant ONCA 2016 970. Khurrum Awan brought a defamation suit against Ezra Levant relating to nine blog posts that accused the plaintiff of being a “liar” and “anti-Semite,”… more »

Rules of Civil Procedure 29.1: Discovery Plan

Posted On: November, 27 2017
Under the Rules of Civil Procedure 29.1, all parties to an action must agree to a discovery plan if they intend to obtain evidence through documents, oral examination, inspection of property, medical examination or examination for discovery by written… more »

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    "Patrick James is really a great lawyer who is smart and great to deal with. He's been our litigation counsel for over 5 years on several different matters. Patrick recently gave our company great strategic advice that resulted in a big commercial litigation win for our company. He's fierce, tenacious, and really cares about getting the best outcome for his clients."
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    "Their team is highly focused and incredibly professional - from our experience it would be difficult not to believe that Pinto Wray James are one of Ontario's leading Firms in Labor and Employment law. The mindful client care and complete understanding of the case eased fears and the stress that comes with any legal dispute. Expect to find high level smartly crafted legal solutions at Pinto Wray James LLP - couldn't recommend more."
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