Lerners LLP

P.O. Box 2335
London, ON N6A 4G4, Canada

Contact: Donna Lindquist

  • 519.672.4510
  • 519.932.3291

Haunted Houses and the Law: The Requirement of a Home Owner to Disclose Hauntings Prior to a Sale

The initial euphoria of buying a property can be quickly deflated by the finding of a serious defect after you move in. Surprises with the condition of a property are, unfortunately, not that uncommon. Depending on the severity…more
| Commercial Law & Contracts, Real Estate - Commercial, Real Estate - Residential

The Expansive Definition of "Accident" under the SABS

A recent decision by the Financial Services Commission of Ontario further widens the net of what is considered an “accident” for the purposes of the Statutory Accident Benefits Schedule ("SABS")…more
| Personal Injury

"Trust" It or Lose it: Future Collateral Benefits in Motor Vehicle Accident Jury Trials

A staple of every well written Statement of Defence includes the plea for entitlement to the benefits of all insurances provided pursuant to section 267 of the Insurance Act. Where a Plaintiff receives payments for collateral…more
| Civil Procedure, Civil Remedies, Personal Injury, Insurance

Are Canada's No Cost Class Action Jurisdictions Moving to a Pre-Certification Cost Regime?

While Ontario continues its review of its Class Proceedings legislation, including its rules in respect to awarding costs, the case law in Canada’s so called “no cost” class action jurisdictions continues to develop…more
| Civil Procedure, Civil Remedies

Examinations Under Oath - Does Privilege Attach to the Transcript?

In Fitzpatrick v. Wang [2014 ONSC 4251], the underinsured carrier moved to obtain a copy of a transcript from an Examination Under Oath of a tort Defendant. On November 20, 2009, Chang Wang was involved in a motor vehicle…more
| Civil Procedure, Personal Injury, Insurance

Sex in the Workplace Is Not Always Cause for Dismissal

It may be surprising to some, but sex in the workplace is not always sufficient cause for dismissal. In a Federal Court of Appeal decision (Payne v. Bank of Montreal, 2013 FCA 33), an employee’s dismissal for sex in the…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Related Employers: Who Does the Labour Board Say is a Related Employer?

On April 15, 2013, the Ontario Labour Relations Board released a decision which should be of interest to employers as it considered whether to find that two employers were “related” over the objections of both employers…more
| Education, Labor & Employment Law, Mergers & Acquisitions

Punitive Damages, and Insurer Conduct – The Court of Appeal Upholds a $200,000.00 Award

In Fernandes v. Penncorp Life Insurance Company, [2014 ONCA 615], the Court of Appeal upheld the Trial Judge’s decision awarding $200,000.00 in punitive damages. The Court of Appeal did, however, reduce the damages for mental…more
| Civil Procedure, Civil Remedies, Insurance

Can I Paint My House Bright Pink?

Long before municipal zoning by-laws existed, restrictive covenants were used as an effective community planning tool. If Susan owned a large parcel of land and sold a piece to Jason, Susan may have required that Jason promise…more
| Commercial Law & Contracts, Zoning, Planning & Land Use, Real Estate - Residential

Can a hyperlink be defamatory?

Now that traditionally print and television-based publications are being published on the internet, courts are being asked to apply defamation law to internet publications. The unique structure of the internet as a medium…more
| Civil Procedure, Communications & Media Law, Personal Injury, Science, Computers, & Technology

Non-party SIU Ordered to Produce Witness Statements in Police Litigation

In the recent case McGillivary v. Toronto Police Services Board, 2014 ONSC 865, Master Muir granted the plaintiffs’ Rule 30.10 documentary production motion with regards to evidence obtained by the non-party Special…more
| Civil Procedure, Personal Injury

Can a comment on a blog post be defamatory?

Defamation law continues to be in the news, with actions recently being threatened or commenced against municipal and provincial politicians in Ontario. The rise of the internet as a medium through which anyone can (and many do)…more
| Civil Procedure, Communications & Media Law, Personal Injury

Widespread Sexual Abuse of Children in Remote Northern Community Results in Another Priest Being Found Guilty of Sex-Related Offences

The press reported late last week that former Roman Catholic priest and Oblate missionary Eric Dejaeger has been convicted on 24 of 80 sex-related charges involving Inuit children from the remote community of Igloolik in the…more
| Criminal Law, Personal Injury, Indigenous Peoples

ATVs on the Road - Insurance is a Must

The Court of Appeal, in Matheson v. Lewis, [2014 ONCA 542] recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway. The Plaintiff was injured in an accident as he…more
| Agriculture, Personal Injury, Insurance

RRSP Eligibility for Renewable Energy Co-Operatives: Could there be a solution at last?

One of the major obstacles facing renewable energy co-operatives is the concern that, although they are a co-operative for the purposes of the Cooperative Corporations Act (Ontario) (the “CCA”), they may not be co-operatives for…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Taxation
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Family Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
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  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Number of Attorneys

100+ Attorneys

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