Episodios

  • 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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    Gardiner Roberts website | Gavin email | Stephen email

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    30 m
  • 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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    Gardiner Roberts website | Gavin email | Stephen email

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    31 m
  • 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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    Gardiner Roberts website | Gavin email | Stephen email

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    28 m
  • The Airbnb Tenant from Hell
    May 13 2025

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    Imagine your peaceful cottage weekend being hijacked by Airbnb party animals.

    In this episode of Beneath the Law, Gavin Tighe and Stephen Thiele dive into the legal and ethical quagmire of short-term rentals in Ontario and beyond.

    They unpack a shocking case from Milton where a tenant secretly turned a landlord’s home into an illegal Airbnb operation—complete with unauthorized renovations and fire code violations—then had the audacity to sue the town for millions.

    Listen For

    2:20 The Airbnb Lawsuit from Milton
    4:45 Licensing, Liability & a $4 Million Claim
    6:05 Justice, Balance & Vacation Property Economics
    20:07 Charter Rights vs. Economic Interests
    22:26 Who Really Pays the Fines?
    24:40 Asset Devaluation & Changing Laws

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    Gardiner Roberts website | Gavin email | Stephen email

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    26 m
  • The Needle and the Law: Who’s Really Protected?
    Apr 29 2025

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    Is our approach to drug addiction helping or hurting our cities?

    Gavin and Stephen tackle one of the most controversial issues in modern urban life: safe injection sites and the opioid crisis.

    The duo breaks down a controversial court injunction that temporarily blocked the government's plan to convert supervised injection sites into rehab-focused "hubs." But in a twist worthy of a legal thriller, it turns out 9 of the 10 sites had already voluntarily agreed to transition — a fact the judge was never told.

    With sharp legal insight and candid commentary, they question whether harm reduction truly reduces harm—or if it's deepening the crisis.

    Listen For

    8:37 Old Policy, New Crisis: Are Safe Sites Effective?

    15:17 Legal Showdown: Government vs. Harm Reduction

    23:54 Can Courts Force Policy?

    25:29 The Notwithstanding Clause: A Charter Time Bomb

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    Gardiner Roberts website | Gavin email | Stephen email

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    28 m
  • Sue You Later: The Rise of Vexatious Litigants
    Apr 15 2025

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    Ever been sued for making it rain? In this thought-provoking episode of Beneath the Law, Gavin Tighe and Stephen Thiele dive into the murky waters of vexatious litigants—those who weaponize the justice system for personal vendettas, harassing opponents with endless, frivolous lawsuits.

    From gladiator references to baby stroller briefcases, they unpack real-world cases, including a wild Ontario saga involving 13 lawsuits, social media rants, and accusations of a legal crime syndicate.

    They explore the gatekeeping role of the courts, the need for better safeguards like a vexatious litigant registry, and the human cost of unchecked legal abuse.

    Listen For

    1:32 What Does “Vexatious Litigant” Even Mean?

    4:13 A Wild Case of 13 Lawsuits and a Legal Crime Syndicate

    6:06 How Courts Declare Someone Vexatious

    11:04 The Missing Registry: How Do We Track These People?

    12:24 The Baby Stroller Plaintiff: A Wild Legal Tale

    20:39 SLAPP Suits and the Broader Problem

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    Gardiner Roberts website | Gavin email | Stephen email

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    25 m
  • Lawfare: When Law Courts Become Political Battlefields
    Mar 24 2025

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    Are the courts becoming the new political battlegrounds?

    Gavin and Stephen dive into the concept of "lawfare"—the weaponization of the legal system for political gain.

    Focusing on the Ontario Place redevelopment case, they explore the delicate balance between democratic governance and the courts' role as a check on power.

    As they reflect on the nostalgic past of Ontario Place, the hosts tackle complex legal issues like standing in litigation, the public trust doctrine, and the broader implications of challenging government decisions in court.

    Listen For:

    05:11: Ontario Place: A brief history of its rise and fall

    09:34: Standing in court: Who has the right to sue?

    19:58: Lawfare in action: How Ontario Place’s redevelopment became a battleground

    23:01: The “public trust” doctrine: A failed legal argument

    A Practical Guide to the Law of Defamation. ow.ly/Wnml50T6Zbe - This book offers guidance on current and developing defamation law in Canada. It lays out prominent cases, prevalent legal principles and more.

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    Gardiner Roberts website | Gavin email | Stephen email

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    28 m
  • Disney vs. The Doctor: A Case of Arbitration and Tragedy
    Mar 24 2025

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    Are you aware of the hidden dangers lurking in your restaurant orders and online agreements?

    In this episode, Gavin and Stephen discuss a tragic case involving a fatal food allergy at a Disney Springs restaurant.

    They dive into the legal complications that arose, particularly focusing on Disney's controversial attempt to force the case into arbitration based on a seemingly unrelated online agreement.

    The discussion highlights the broader implications of clicking "I agree" without understanding the potential legal consequences. Tune in to hear how this case unfolded and the lessons it offers about food safety and legal agreements.

    Listen For:

    02:29 - Tragic Allergy: A Fatal Dinner at Disney Springs

    09:27 - Wrongful Death Claims: Surprising Low Damages

    17:52 - Arbitration vs. Court: The Hidden Costs

    22:15 - Contracts of Adhesion: The Click That Binds You

    A Practical Guide to the Law of Defamation. ow.ly/Wnml50T6Zbe - This book offers guidance on current and developing defamation law in Canada. It lays out prominent cases, prevalent legal principles and more.

    Leave a rating/review for this podcast with one click

    Contact Us

    Gardiner Roberts website | Gavin email | Stephen email

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    32 m