In some contexts, the relationship between an investment advisor and their client may be fiduciary in nature. In that case, damage suffered by a client may lead to a claim against the advisor for breach of fiduciary duty. Where a group of clients suffers damage due to such a breach, it may give rise to […]
Category Archives: Professional Liability
Court of Appeal Considers Whether to Dismiss Defamation Claims on Anti-SLAPP Grounds
We previously wrote about defamation actions brought by a Guelph medical diagnostic clinic and its owner in relation to a series of tweets that allegedly cast them in a negative light. In the tweets, the defendant, “SEB,” made statements suggesting that the plaintiff supported homophobia and that gay residents in the City had to seek […]
Proving & Defending Defamation Claims in Ontario
Defamation is a false oral or written statement made by one party to another regarding an individual or organization that harms that individual/organization’s reputation. This can result in legal action if the defamatory statement causes harm to the reputation of an individual or enterprise and is determined to be false. However, the issues arising in […]
Failure to Disclose Settlement Agreement to Other Defendants Constitutes Abuse of Process
Parties to litigation have ongoing disclosure obligations, including a plaintiff’s responsibility to disclose a settlement agreement to other non-settling defendants immediately. This is particularly important as a settlement agreement can drastically change litigation dynamics, particularly concerning the relationship between the plaintiff and the settling defendant and the conduct of the settling defendant throughout the remainder […]
Court of Appeal Clarifies Modern and Flexible Approach to Defamation Pleadings
To successfully make a claim against another party for defamation, a plaintiff must prove certain elements. The alleged defaming communication must have been made verbally or in writing to at least one-third party, the communication must be in reference to the plaintiff, and the content of the communication must be something that would be considered […]
Online Employer Reviews not a Matter of Public Interest
We have previously written about defamation cases involving individuals who had posted their opinions of various businesses and were subsequently sued for defamation, only to have the defendant seek a dismissal on the basis of issues pertaining to the public interest. In Zoutman v. Graham, for example, the owner of a medical clinic brought a […]
Ontario Nurses Disciplined for Covid Comments Launch Libel Suit
As a professional, being the subject of an investigation or disciplinary hearing is not something anyone wants to endure. The potential consequences of a finding of negligence, professional misconduct, or other wrongs can be significant and can include fines, practice limitations or restrictions, suspension or revocation of professional licenses, and even criminal charges. Findings of […]
Former OPP Deputy Commissioner Appeals Defamation Case Against Premier
Defamation is a statement made to a third party that is false and damaging to the reputation, finances, or well-being of an individual or organization. Defamation can occur in writing (libel) or orally (slander). We have previously discussed cases in which a defamation claim was made after negative reviews of a business or individual professional […]
Guelph Clinic Sues Couple for $6 Million Over Social Media Posts
People are entitled to express their opinions online, however, when those posts are untrue and have the potential to negatively impact another person or business, the poster may end up being found liable for defamation. We previously wrote about an Ontario court decision in which a man was ordered to pay $50,000 to a doctor […]
Ontario Not-for-Profit Business Corporation Act Coming Into Force
Ontario’s Not-for-Profit Business Corporations Act (ONCA), which received royal assent back in 2010, is finally set to come into force on October 19th. Businesses that will be governed by this new legislation will have a three-year grace period, until October 19, 2024, to bring themselves into compliance with the changes under the Act. Below, we […]