Ontario Superior Court of Justice updates

This will serve as the master list of changes at the Ontario Superior Court of Justice. Ontario Superior Court practice notices here https://www.ontariocourts.ca/scj/practice/ 2024-02 Central East – May 2024 sittings will move to September 2024. November 2024 will move to January 2025. There will no longer be any May or […]

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Voltage Holdings LLC v. Doe #1 (2023 FCA 194)

The Voltage pictures saga continues, with the Plaintiff seeking default judgment against a number of defendants, the Court rejecting it (2022 FC 827, https://www.canlii.org/en/ca/fct/doc/2022/2022fc827/2022fc827.html) the Plaintiff subsequently appealing, and the Court rejecting that appeal (this case, 2023 FCA 194, https://www.canlii.org/en/ca/fca/doc/2023/2023fca194/2023fca194.html). A useful portion of the court’s decision, which summarized the […]

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Injunction brought by aquarium against documentary filmmaker denied: no irreparable harm and balance of convenience didn’t favour aquarium (2017 BCCA 395)

Vancouver Aquarium Marine Science Centre v. Charbonneau, 2017 BCCA 395 (https://www.canlii.org/en/bc/bcca/doc/2017/2017bcca395/2017bcca395.html) is a good example of the drawbacks of trying to stop negative publicity (i.e. a critical documentary) by bringing a copyright infringement lawsuit and asking for an injunction motion. The injunction was dismissed, probably after great expense to the […]

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Substantial indemnity costs awarded for ignoring court process; stalling; and filing voluminous, improper, and unsworn materials (Rahman v. Jahangir and Khurram, 2021 ONSC 5604)

Rahman v. Jahangir and Khurram, 2021 ONSC 5604 https://www.canlii.org/en/on/onsc/doc/2021/2021onsc5604/2021onsc5604.html Applicant requested $60,956.64 of substantial indemnity basis costs against Dr. Khurram Jahangir and Nadia Khurram. Substantial indemnity costs are only awarded in rare and exceptional circumstances, as punishment for bad behaviour. The judge awarded them here, in an amount of $50,000, […]

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Residential Tenancies Act

The Residential Tenancies Act, 2006, SO 2006, c 17 (https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html) governs tenancies for residential properties, with a few exceptions. Section 134 of this act prohibits the collection of various fees, extra charges, and so on. One of the prohibitions in this section is s. 134(3)(a), which prohibits tenants from sub-letting […]

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New practice notice for Ontario Superior Court of Justice, Toronto region matters (effective Sept. 4, 2023)

New practice notice for Superior Court of Justice, Toronto region matters. Effective September 4, 2023. – Ten-day rule will be strictly enforced now. Get your motion materials in within ten days or you lose motion date. – All contested motions now go before associate judge to be triaged. – Court […]

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a couple with a realtor looking at a bathroom inside a house

Buyers’ deposit of $50,000 was forfeit even though sellers later sold property for $130,000 profit (Rahbar v. Parvizi, 2023 ONCA 522)

In a recent case, Rahbar v. Parvizi, 2023 ONCA 522, the owners of a property were allowed to keep the buyers’ deposit when the buyers’ financing fell through and they were not able to close, even though the owners later sold the property for more than they would have received […]

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Parol evidence

This from a #law book from the 1800s about parol evidence. “It is also noteworthy that the ancient distinction between patent ambiguities and latent ambiguities,founded on a scholastic refinement by Lord Bacon, and echoed parrot-like and senselessly followed by generations of modern judges, has been effectually done away.” The origin […]

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