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Beneath the Law

Beneath the Law

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If “No One is Above the Law,” then everyone is beneath it. Beneath the Law is a frank discussion between two lawyers who have lived and breathed the legal system in Canada for over 30 years.

In this podcast hosts Stephen Thiele and Gavin Tighe of Gardiner Roberts, examine the arguments made in some highly contentious, and public cases, with a focus on the intersection between law and politics and where courtrooms become part of the political arena. In each episode Beneath the Law digs into interesting and current legal topics or legal battles and provides insight and commentary on the law and its application in our society.

Law is at its core the expression of the fundamental framework of any organized society – it is the fine print of the social contract. Courts play a fundamental role in any democracy, getting underneath the surface and beneath the law requires an understanding of not only what courts are doing but why.

© 2025 Beneath the Law Ciencia Política Economía Política y Gobierno
Episodios
  • SLAPP Battles in the 6ix

    SLAPP Battles in the 6ix
    Jun 24 2025

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    What happens when a 24-year-old student takes on a powerful developer—and wins?

    Gavin Tighe and Stephen Thiele dig into Sheridan Retail Inc. v. Roy, a landmark Ontario case that captures the very essence of anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation.

    They unpack the David-and-Goliath dynamics between a large developer and a university student who dared to speak up about potential code violations in a redevelopment project.

    Gavin and Stephen explore the wider implications of public discourse, the abuse of legal systems to silence opposition, and how the courts are pushing back in defense of free expression.


    Listen For

    0:26 Sweating the Law: No A/C and Smog in Downtown Toronto

    2:51 Legal Bullying 101: Developers vs. Ratepayer Groups

    5:13 David vs. Developer: The Sheridan Retail Inc. Case

    7:51 $300,000 Lawsuit Against a 24-Year-Old

    10:05 Judge Calls Out Strategic Silencing

    13:14 Damages Awarded To the Defendant? Yes.

    17:07 In Defense of Development: The Other Side of the Story


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    Contact Us

    Gardiner Roberts website | Gavin email | Stephen email

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    30 m
  • Can a CITY SHUT DOWN Wild St Paddy's Parties?

    Can a CITY SHUT DOWN Wild St Paddy's Parties?
    Jun 10 2025

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    Are city crackdowns on St. Patrick’s Day parties really about public order—or about squashing a good time?

    Gavin Tighe and Stephen Thiele tackle the curious case of Waterloo v. Persons Unknown, where the city sought a rare quia timet injunction to prevent unpermitted St. Paddy's Day gatherings.

    What starts as a lighthearted banter about Guinness and green garb quickly dives into deeper waters: civil liberties, the evolution of secular holidays, the role of public policy in municipal law enforcement, and the historical tensions around Irish-Canadian identity.

    The duo debates whether municipalities should embrace or suppress grassroots celebration—and what it means when courts target faceless organizers for simply wanting to party.

    Listen For

    01:01 From Saint to Street Party

    02:44 The Rise of Nuisance Bylaws

    06:40 What Is a Quia Timet Injunction

    14:55 No Right to Party Says the Court

    18:51 The Forgotten Politics of St Patrick’s Day

    26:48 The Ban That Makes Them Party Harder

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    Contact Us

    Gardiner Roberts website | Gavin email | Stephen email

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    31 m
  • Toronto’s Bike Lanes Constitutional Crisis

    Toronto’s Bike Lanes Constitutional Crisis
    May 27 2025

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    Are we stretching the Canadian Charter to cover bike lanes and park encampments?

    Gavin Tighe and Stephen Thiele dive into a fiery debate on the limits of judicial activism and the clash between democracy and constitutional rights.

    From the controversy over supervised injection sites to the latest showdown over Toronto’s bike lanes, the duo critiques court decisions that override elected governments’ social policies.

    They explore how recent rulings may threaten the integrity of the Charter itself and spark wider political consequences—like making the "notwithstanding clause" less taboo.

    It’s a spirited, provocative conversation that questions who really gets to decide the greater good in a democracy.

    Listen For

    4:42 Supervised Injection Sites Showdown

    5:49 Bike Lanes Become a Charter Issue

    10:59 Small Businesses Hit by Bike Lanes

    12:50 Tyranny of the Few vs. Majority Rule

    17:23 Stretching the Charter to Its Limits

    20:04 The Notwithstanding Clause: Friend or Foe?

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    Contact Us

    Gardiner Roberts website | Gavin email | Stephen email

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    28 m
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