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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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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.

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Is the media failing us with sensationalism?

In this episode, Stephen and Gavin explore the controversial defamation lawsuit involving Canadian MP Han Dong and Global News.

They discuss the critical issue of media responsibility in reporting, the allegations of Chinese interference in Canadian politics, and the resulting legal battle.

The conversation highlights the challenges faced by mainstream media in maintaining credibility in a sensationalized landscape, the legal principles surrounding defamation and anti-SLAPP motions, and the broader implications for democracy and public trust.

Listen For:
04:20 - Manipulation of Facts in Modern Media
09:01 - Defamation Lawsuit Against Global News
24:09 - Potential Consequences for Global News
29:46 - The Future of Media Credibility and Public Trust

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"If you can't kick someone out, it's not your house."

In this episode, Gavin and Stephen dissect the legal complexities surrounding recent pro-Palestinian protests on university campuses in Toronto.

They contrast the swift eviction at York University with the prolonged encampment at the University of Toronto, attributing the differences to legal strategies and timing.

The discussion explores the balance between property rights and freedom of expression, highlighting Justice Cohen's pivotal decision that set a precedent for handling such protests.

Listen For:
3:17 - Global Turmoil, Local Protests
8:14 - Expression vs. Encroachment
13:11 - Blueprint for Future Protests
24:14 - Beyond the Campus: Public Parks and Protests

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This episode was first published

If you own a property bordering a golf course you know the risk involved. Stray shots will see golf balls enter your property or maybe even hit your house.

Who is responsible for damages? The homeowner? The Golf Course? The Golfer?

As with all things involving the Law, it depends. There are various claims homeowners can make including negligence and yes the Course and the golfer themselves can be named.

In this episode Gavin and Stephen go through the case studies to find responsibility is a narrow fairway.

Listen For
9:35 The Assumption of Risk and Defense in Property Damage Cases
11:41 Types of Legal Claims in Golf Ball Damage Cases
13:50 Challenges in Obtaining Injunctive Relief
16:42 Balancing Business Impact and Property Rights

Read Stephen’s blog on this subject https://www.grllp.com/blog/Golf-course-liable-for-escaping-golf-balls-467

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An elderly widow scored a courtroom victory!

In this episode, Stephen and Gavin dive into the gripping legal battle between a powerful Canadian bank and an elderly widow over a disputed $50,000 credit card debt.

They unravel the complexities of the case, highlighting the bank's aggressive tactics, the widow's defense as an authorized user, and the court's sympathy for her plight.

The discussion explores broader issues of predatory lending, the ethics of increasing credit limits without consent, and the nuances of law versus equity in the judicial system.

Listen For:
02:50 - The Modern Credit Card
09:40 - Authorized User Defense
14:03 - Missing Evidence
23:12 - Law vs. Equity

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Ever wonder why you never read the fine print?

In this episode, Gavin and Stephen look into the often-overlooked world of waiver of liability clauses. They discuss a recent British Columbia case where a mountaineering company's liability waiver was scrutinized after a climber was injured.

They explain the importance of these clauses for businesses, the strict standards courts apply to enforce them, and how they balance protecting economic interests with ensuring consumer safety.

Listen For:
02:49 - The Case of the Injured Rock Climber
09:28 - The Role of Clear and Concise Language
18:00 - Waivers in Consumer Contracts
25:42 - Waivers and Minors: A Legal Gray Area

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From defamed to victorious: A mortgage manager’s triumphant battle.

In this episode, Gavin and Stephen discuss a case where the plaintiff, accused of fraudulently processing mortgages, was blackballed within the banking industry due to a defamatory alert.

The court found the bank's defenses of justification and qualified privilege unconvincing, leading to significant damages, including punitive damages for the bank's reckless disregard of the truth.

This case underscores the importance of careful and truthful communication, especially when wielding the substantial influence of a major financial institution.

Listen For:
02:21 - Defamation in Canada
08:48 - Fraud Discovery
17:14 - Investigator’s Role
24:03 - Damages Breakdown

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Gardiner Roberts website | Gavin email | Stephen email