Civil Litigation

A Case That Could Change How We Think About Online Reviews In Benchwood Builders, Inc. v. Prescott, 2025 ONCA 171, the Ontario Court of Appeal delivered a decision that has significant implications for anyone who has ever left — or been the target of — a negative online review. The case addresses a fundamental question: when someone posts a critical review of a business online, is that automatically a matter of "public interest" that is protected from defamation claims under

If someone has wronged you or you are being sued, you may be dealing with civil litigation. Unlike criminal law, where the government prosecutes offences, civil litigation involves disputes between private parties. This guide explains how civil litigation works in Ontario and what to expect if you find yourself involved in a lawsuit. What Is Civil Litigation? Civil litigation is the process of resolving non-criminal disputes through the court system. It covers a wide range of

Wright v. Lallion, 2024 ONSC 4132 (Divisional Court) A $35,000 Order Made Without the Tenants Present Marcus Wright and Giusina D'Ella were tenants who had been paying approximately $1,900 per month in rent since October 2020. In September 2022, their landlord gave notice of a rent increase to $5,000 per month. A dispute erupted over whether the increase was proper, and the tenants stopped paying rent. The landlord filed applications with the Landlord and Tenant Board to term

McDonald v. Robb, 2025 ONCA 71 (Court of Appeal for Ontario) A Property Claim Dismissed Without Anyone Asking Grace McDonald had a claim for adverse possession over lakefront property. The case was moving through the courts with various motions from both sides. A scheduling order was made in November 2023 setting filing deadlines. On January 19, 2024, the parties appeared before the motion judge. The respondent was requesting a timetable for the outstanding matters and potent

Paul v. Baker, 2025 ONSC 1306 and 2025 ONSC 4097 (Ontario Superior Court of Justice) Trapped in Joint Ownership Caralee Paul owned a property at 7 Main Street, Odessa, Ontario jointly with Jeffrey Baker. She wanted to sell. He did not. He was living in the property and had no intention of leaving. Without his cooperation, she was stuck — a 50% owner with no ability to realize the value of her investment. The respondent raised multiple defences and sought adjustments for his c

12001721 Canada Inc. v. Switzer, 2023 ONSC 2676 (Divisional Court) A Claim Thrown Out at a Settlement Conference A numbered company owned a townhouse that it rented to a group of tenants. When the tenants vacated the property in July 2021, the landlord discovered significant damage. In October 2021, the landlord filed a claim in Small Claims Court in Milton seeking compensation for the damage. The matter came on for a settlement conference in January 2022 — not a trial, but a

The allegations described in this post have not been proven in court. All individuals are presumed innocent until a court determines otherwise. Have You Had Problems with a Renovation Contractor in Ontario? Ken Wise & Associates has commenced a Small Claims Court action on behalf of an elderly and vulnerable Toronto homeowner arising from a renovation project. The defendants named in the court proceeding include Roberto Altamare and an individual known as Chris Irish Maughan.