Civil Litigation

When Air Canada denied a passenger's compensation claim and tried to strike her lawsuit, Ken Wise took the case to the Divisional Court — and won. Learn about your rights when airlines delay or cancel your flight.

A Small Claims Court judge struck a passenger's claim against Air Canada based on multiple legal errors. Ken Wise successfully appealed the decision at the Divisional Court, restoring the claim and winning $7,000 in costs.

The Divisional Court allowed the appeal, overturned multiple legal errors, and ordered Air Canada to pay $7,000 in costs. Read about this important win for airline passenger rights.

In the age of social media, false and damaging statements can spread faster than ever. If someone has made false statements about you — whether online, in writing, or verbally — that have harmed your reputation, you may have a defamation claim. Ontario law provides remedies for both libel (written defamation) and slander (spoken defamation), and in serious cases, the damages can be significant. What Is Defamation? Defamation occurs when someone makes a false statement about y

Slip and fall accidents are among the most common causes of serious injury in Ontario, particularly during the winter months. If you have been injured in a fall on someone else's property — whether a store, restaurant, sidewalk, parking lot, or private home — you may have a legal claim for compensation. Ontario law imposes a duty on property owners and occupiers to keep their premises reasonably safe. The Occupiers' Liability Act Ontario's Occupiers' Liability Act requires oc

When a loved one passes away and their will does not seem right — whether because they were pressured into making changes, lacked the capacity to understand what they were doing, or left out someone they had an obligation to provide for — it may be possible to challenge the will in court. Contesting a will in Ontario is a serious legal step, but in the right circumstances, it can correct an injustice. Grounds for Contesting a Will There are several legal grounds for challengi

When someone breaks a contract — whether it is a business agreement, a service contract, a lease, or any other legally binding promise — you may have the right to take legal action. Breach of contract is one of the most common types of civil litigation in Ontario, and understanding your options early can help you recover what you are owed. What Constitutes a Breach of Contract? A breach of contract occurs when one party fails to perform their obligations under the agreement w

Small Claims Court in Ontario handles civil disputes involving claims up to $35,000. It is designed to be more accessible and less formal than the Superior Court of Justice, but the process can still be confusing if you have never been involved in a court proceeding. This guide explains what you need to know before filing a claim. What Kinds of Cases Can Be Heard in Small Claims Court? Small Claims Court handles a wide range of civil disputes, including breach of contract, un

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.