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 (she/her/they/them)
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 CBRE in an oppression claim in the Supreme Court of British Columbia against Hudson’s Bay Company arising from the breach of department store leases in The Netherlands. Successfully opposed Hudson’s Bay’s application to strike CBRE’s claim.
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Counsel to the defendant in a successful Rule 21.01 and Rule 25.11 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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TEP (Trusts Estates Professional) Designation - STEP Canada
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The Advocates' Society - Vice-Chair of the Estates Litigation Practice Group
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Canadian Bar Association
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Ontario Bar Association
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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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Lenczner Slaght Litigators Recognized Among the Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 39 of our expert litigators are recognized by their peers for their expertise across 24 practice areas.
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Lenczner Slaght Litigators Elected to The Advocates’ Society’s Leadership
We are pleased to announce that Brendan Morrison, Christopher Yung, Paul-Erik Veel, Andrew Parley, Nina Bombier, and Anne Posno will be serving prominent executive positions at The Advocates’ Society, a preeminent organization dedicated to promoting effective advocacy and access to justice.
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The 2022 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
31 of our expert litigators are recognized by their peers as the foremost practitioners across 18 fields.
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Lexpert Recognizes Lenczner Slaght’s Litigation Expertise
Following an in-depth peer review process, the 2021 Lexpert Special Edition: Canada's Leading Litigation Lawyers guide recognizes 19 Lenczner Slaght lawyers for their extensive courtroom experience and subject-matter expertise.
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Lenczner Slaght Litigators Appointed to The Advocates’ Society’s Leadership
We are pleased to announce that Brian Kolenda, Andrew Parley, Shara Roy, Nina Bombier, Larry Thacker and Anne Posno have been elected to prominent leadership positions at The Advocates’ Society, a preeminent organization dedicated to promoting effective advocacy and access to justice.
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Lenczner Slaght Litigators Ranked Among Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 37 of our expert litigators are recognized for their expertise across 25 practice areas.
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The 2021 Lexpert Directory Recognizes 30 Lenczner Slaght Lawyers
An increasing number of our expert litigators are recognized by their peers as the foremost practitioners in their fields.
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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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Estates Litigation Bench & Bar Reception
As Vice-Chair of The Advocates' Society's Estates Litigation Practice Group, Anne E. Posno is hosting its Estates Litigation Bench & Bar Reception. The event will provide an opportunity for members of the estates litigation bench and bar to connect in an informal setting.
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Thursday Tips with LAWPRO and TLA: Tips for Corporate Commercial Lawyers
In a joint program by LawPRO and the Toronto Lawyers Association, Anne E. Posno discussed key risk areas and emerging risks faced by corporate commercial lawyers and how to manage them effectively.
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24th Estates and Trusts Summit
Anne E. Posno shared her expertise at the LSO's 24th Estates and Trusts Summit. Anne spoke on the panel "Changes to the Succession Law Reform Act: Focus on Substantial Compliance."
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New Court-Ordered Validity of Will Under SLRA
Anne E. Posno and Mari Galloway co-authored the article New Court-Ordered Validity of Will Under SLRA published by the Law Society of Ontario.
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Your Comprehensive Guide to Will Challenges: A Series
Anne E. Posno co-chaired the Ontario Bar Association's program "Your Comprehensive Guide to Will Challenges: A Series". Anne shared invaluable advice and critical insights on key substantive, procedural, and practice issues related to will challenges.
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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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Best Lawyers in Canada (2014-2023)
Administrative & Public Law, Corporate & Commercial Litigation, Health Care Law, Medical Negligence, Trusts and Estates
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Canadian Legal Lexpert® Directory (2013-2022)
Estate & Personal Tax Planning, Litigation - Corporate Commercial, Medical Negligence, Professional Liability, Litigation - Regulatory & Public Law (2021)
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2021)