Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- Osgoode Hall Law School (1991) LLB
- University of Western Ontario (1988) BA (Arts)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Anne E. Posno
Anne is an experienced and successful trial lawyer who brings passion and commitment to each case.
Anne has particular expertise in cases involving estates litigation, medical negligence, professional negligence and commercial disputes, especially in real estate, fraud and directors' and officers' liability. Anne also regularly works in the areas of human rights and of privacy law, and has acted as lawyer for The Refugee Law Office.
This diversity reflects Anne's ability to bring creativity and experience to bear. Her impressive track record demonstrates her solid judgment and her in-depth understanding of her client's needs.
Anne appears before the Ontario Superior Court of Justice, the Toronto Commercial List, the Ontario Court of Appeal, the Toronto Estates Court, the College of Physicians and Surgeons of Ontario, the Federal Court, private arbitrations, and the Human Rights Tribunal of Ontario. In addition, Anne has experience before other administrative tribunals including the Consent and Capacity Board and the Offices of the Privacy Commissioners of Ontario and Canada. Anne also presents on topics relating to health law. She is also a certified Associate Member of the Society of Trusts and Estates Practitioners (STEP).
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Counsel to the defendant in a successful Rule 21.01 motion to strike the Plaintiff's claim for lack of jurisdiction.
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Counsel for the estates trustee in multiple legal proceedings including a solicitors' negligence action, passing of accounts and claim for dependent's support.
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Counsel for the respondent charity in a by-law and governance dispute.
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Counsel to the applicants in a will challenge involving an international estates and lost codicil.
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The Board of Regents of Victoria University v GE Canada Real Estate Equity
Counsel to GE Canada Real Estate Equity in an appeal to the Superior Court of Justice and to the Court of Appeal from an arbitration award over the determination of ground lease rent for a prominent Bloor Street property.
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Counsel to the respondent physician in proceedings before the Human Rights Tribunal relating to an allegation of discrimination with respect to services because of disability and reprisal.
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Counsel to a physician and clinic against an allegation of discrimination with respect to services because of disability.
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Counsel to defendant physicians in a jury trial involving allegations of negligence in relation the treatment of the plaintiff’s depression and risk for suicide.
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`Counsel for beneficiary in a will challenge alleging negligent payment of a life interest under the Beck estate.
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Counsel to successful beneficiary in administration of Estate, including stay application and appeal proceedings.
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TEP (Trusts Estates Professional) Designation - STEP Canada
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Canadian Bar Association
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Ontario Bar Association
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The Advocates' Society - Member-at-Large of the Estates Litigation Practice Group
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Privacy includes freedom from unwanted scrutiny – even in a public place
In R v Jarvis, the Supreme Court of Canada (“Court”) convicted a high school teacher of voyeurism under section 162(1)(c) of the Criminal Code. Mr. Jarvis used a concealed camera, inside a pen, to secretly video record female teenage students in common areas of a school. The video focused on their faces, upper bodies and breasts.
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Cowper-Smith v Morgan: The Supreme Court Renovates Proprietary Estoppel
Lord Denning once said that estoppel is a house with many rooms. In December 2017, in Cowper-Smith v Morgan, 2017 SCC 61, the Supreme Court of Canada undertook some significant renovations to an important, but little used, room in that house: proprietary estoppel. And just like your neighbour’s renovations to build their monster home can have a real impact on your property, this is a decision that has impacts well beyond the particular facts of that case.
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Breach of Privacy: "Psychological Battery"
Following years of debate in Ontario, in 2012, our Court of Appeal officially recognized breach of privacy as an independent common law tort, but subject to modest damages. Two recent breach of privacy cases significantly departed from the recommended range of damages, and awarded amounts that materially exceed the top award proposed by the Court of Appeal.
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Interest Act Protection Applied to Promissory Note
The Ontario Court of Appeal ruled in P.A.R.C.E.L. Inc. v. Acquaviva, 2015 ONCA 331 that section 8 of the Interest Act may apply to a promissory note even where it is not directly secured by a mortgage.
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Reprisal Triggers 60-day Time Limit to Seek Protection under Whistle Blower Legislation
In a judicial review, the Federal Court upheld the decision of the Public Sector Integrity Commissioner (Commissioner) not to investigate a complaint under whistle blower legislation – the Public Servants Disclosure Protection Act, S.C. 2005 c. 46 (Act) -- on the grounds of a 6-year delay.
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Investigation into Bell's Targeted Ad Program Identifies Surprising Findings
In summer 2013, Bell announced the November launch of its Relevant Ads Program (RAP). RAP involved the use of Bell customer personal information for the purpose of delivering targeted ads to Bell customers. Bell would charge a fee to advertisers engaged in the program.
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Unjust Enrichment Reversed On Appeal – Deprivation Not Sufficient
At trial, the Judge held that the plaintiff and the defendant real estate agents should share the 10% commission on the sale of a plaza and gas station.
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Court of Appeal Rules PHIPA Does Not Oust Common Law Tort of Breach of Privacy
On an appeal from a Rule 21 motion, the Court of Appeal ruled that the Personal Health Information Protection Act, S.O. 2004, c. 3, Sch. A (PHIPA) does not create an exhaustive code precluding a civil action for intrusion upon seclusion.
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Ontario Judge Applies Correctness Standard to Condominium Act Arbitrations
On an appeal from an arbitration under the Condominium Act, in 90 George Street Ltd. v. Ottawa Carleton Standard Condominium Corporation No. 815, 2015 ONSC 336, Justice Patrick Smith applied a correctness standard of review.
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Racist Will Thrown Out for Being Contrary to Public Policy
An Ontario decision has expanded the application of public policy to void a will, and in so doing has raised concerns of floodgates and abuse. In Spence v. BMO Trust Company, 2015 ONSC 615, Justice Gilmore determined that the deceased, who was black, disinherited his adult daughter because she had a child with a Caucasian man – "a clearly stated racist principle".
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Best Lawyers in Canada Recognizes Lenczner Slaght’s Litigation Expertise
Lenczner Slaght is proud to announce that 33 of our expert litigators are recognized in Best Lawyers in Canada 2021. Our lawyers received a total of 128 rankings, up from 100 in 2020.
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Lenczner Slaght Litigators Elected to The Advocates’ Society’s Leadership
We are pleased to announce that Anne Posno, Nina Bombier and Shara Roy have been elected to prominent executive positions at The Advocates’ Society, a preeminent organization dedicated to promoting effective advocacy and access to justice. Peter J. Osborne, Brian Kolenda, and Chris Kinnear Hunter will also be continuing their terms in their leadership positions.
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Lexpert Highlights Lenczner Slaght’s Professional Excellence
Lenczner Slaght’s litigators continue to be recognized by their peers as the foremost practitioners in their fields.
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Best Lawyers in Canada Recognizes Lenczner Slaght with 100 Rankings
In the latest edition of Best Lawyers in Canada, 28 Lenczner Slaght lawyers earned a total of 100 rankings, up from 86 in 2019.
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The 2019 Lexpert Directory Recognizes Lenczner Slaght with 89 Rankings
An increasing number of our expert litigators are recognized by their peers as the foremost practitioners in their fields.
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Lenczner Slaght Litigators Ranked in Best Lawyers in Canada
Canada’s leading litigation firm is proud to announce that 25 of the firm’s 58 lawyers have been recognized in the Best Lawyers in Canada 2019 publication across multiple categories.
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Lexpert Recognizes Lenczner Slaght’s Professional Excellence
An increasing number of the firm’s lawyers have been ranked by their peers as leading practitioners in their field.
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Lenczner Slaght Ranked Among the Best
Almost half of the leading litigation firm’s lawyers are recognized in the Best Lawyers in Canada.
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Lenczner Slaght Shines in 2017 Lexpert Rankings
Lenczner Slaght’s litigators continue to be recognized by their peers as leading practitioners in their fields according to the 2017 Canadian Legal Lexpert Directory.
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Lenczner Slaght Lawyers Ranked Best
Nearly half of the firm’s lawyers recognized among Canada’s foremost practitioners
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Anne E. Posno presented at The Advocates' Society's program Conduct of the Estates Motion. Anne shared her expertise on the panel "Demonstration and Commentary: What to do on the Day of the Motion".
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Anne E. Posno spoke at The Advocates' Society's annual program on top cases and trends in estates litigation from across Canada in 2020.
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The Great Debate: Tackling Unsettled Issues in Trusts and Estates Law
Anne E. Posno presented at the Ontario Bar Association's Institute on the program The Great Debate: Tackling Unsettled Issues in Trusts and Estates Law. Anne shared her expertise on the current most pressing and unsettled issues in trusts and estates law.
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Leaders and Changemakers Breakfast
Anne E. Posno spoke at the Ontario Bar Association's Institute on the program Leaders and Changemakers Breakfast. As part of the Women Lawyers Forum, she shared tips on achieving and leading change.
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Top Cases in Estates Litigation 2020
Anne E. Posno spoke on The Advocates' Society's program Top Cases in Estates Litigation 2020. Anne shared her expert insights on top cases and trends from 2019 as well as recent developments in estates litigation.
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22nd Estates and Trusts Summit (Day One)
Anne E. Posno presented at the Law Society of Ontario's 22nd Estates and Trusts Summit. She discussed the latest developments on estate, trust, and capacity/elder law litigation.
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The Conduct of Examinations for Discovery
Anne Posno shared her expertise on Victory Verbatim’s panel discussion regarding the conduct of examinations for discovery.
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Oppression Remedy and Family-Held Corporation
Anne E. Posno authored a chapter that appeared in Key Developments in Estates and Trusts Law in Ontario, 2017-2018 Edition, edited by Melanie A. Yach. The chapter discusses significant oppression cases involving family-held corporations.
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Outcry may curtail police social media surveillance
Anne Posno co-authored the article Outcry may curtail police social media surveillance which appeared in the November 18, 2016 issue of The Lawyers Weekly... -
Recent Court of Appeal Decisions with Application to Estates & Trusts Law
Anne Posno authored a chapter that appeared in Key Developments in Estates and Trusts Law in Ontario, 2015-2016 Edition, edited by Melanie A. Yach. The chapter discussed recent court of appeal decisions that had applications to Estates & Trusts Law.
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Best Lawyers in Canada (2014-2021)
Administrative & Public Law, Corporate & Commercial Litigation (2020), Health Care Law, Medical Negligence, Trusts and Estates
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Canadian Legal Lexpert® Directory (2013-2020)
Estate & Personal Tax Planning, Litigation - Corporate Commercial (2019), Medical Negligence, Professional Liability