When you commit to becoming a Director of a company in Ontario, you should know the ways in which various statutes can create personal liability for you following certain omissions or breaches of the company’s obligations. These statutes include the Canada Business Corporations Act (CBCA) and the Business Corporations Act in Ontario. The federal Income […]
Category Archives: Professional Liability
Law Commission of Ontario Recommends Defamation Reform
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). When a person is the subject of defamatory statements, it can have a dramatic impact on their career, finances and reputation. […]
Defamation and Public Discourse
When Does a Lawsuit Become a Tool for Limiting Public Debate? Section 137.1 of the Courts of Justice Act (CJA) grants the ability to bring a motion for the dismissal of any proceeding if that proceeding is aimed at limiting public debate. This step can be taken at any time after a proceeding is commenced and […]
Defamation Hurdles Overcome
The Ontario Court of Appeal (ONCA) in Bondfield Construction Company Limited v. The Globe and Mail Inc. has again had to deal with an appeal from a SLAPP decision of the Ontario Superior Court of Justice (“ONSC”). SLAPP stands for Strategic Lawsuits Against Public Participation or Gag Proceedings which can potentially be dismissed under s. […]
Professional Negligence: The Standard of Care Expert Evidence on a Summary Judgment Motion
The tort of negligence requires a plaintiff to allege and prove four elements. They are 1) a duty of care, 2) a breach of the standard of care, 3) injury caused by the breach and finally, 4) the damages suffered as a result. In many cases, some or all of these elements are obvious and […]
Assessing Damages After An Insolvency
The measure of damages is determined by using the formulae, Loss (L) = Actual Liquidation Deficit (ALD) – Estimated Liquidation Deficit (ELD). The ALD is usually easily determined and agreed upon-it represents the losses suffered at the time of the liquidation of the business’s assets. The ELD is simple in theory but invariably in dispute […]