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Aug 27, 2019

Ulterior Motive? The Court Probably Doesn’t Care (And May Order Costs)

Litigants (and their lawyers) often develop theories regarding a party’s underlying motivation in a legal dispute. While these theories sometimes provide useful insight into a party’s strategy…

Aug 8, 2019

Long-Term Care Homes Public Inquiry Recommends Systemic Changes In Response to Wettlaufer Offences

On July 31, 2019, the final report and recommendations of the Long-Term Care Homes Public Inquiry were released. The Inquiry, which had a two-year mandate, was charged…

Aug 7, 2019

Rolling Limitation Periods: What Resets the Clock?

What will establish a “rolling” limitation period? In other words, why does the limitation clock start over again in one case, but not another? The Ontario Court…

Aug 6, 2019

An Employee’s Retirement Plans Do Not Determine The Reasonable Notice Period

On May 23, 2019, G.T. Trotter J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Dawe v The Equitable Life Insurance Company of…

Jul 31, 2019

Court of Appeal Criticizes Trial Judge’s Conduct

In R. v. Ibrahim, 2019 ONCA 631, the Ontario Court of Appeal (Rouleau, Trotter and Zarnett JJ.A.) criticized the deportment of the trial judge in a criminal…

Jul 22, 2019

Ontario Launches Consultation on Building More Homes that People Need and Can Afford

Today, the Province is kicking off the consultation period for its proposed changes to the Provincial Policy Statement (PPS). These changes are part of the government’s “More…

Jul 16, 2019

Security for Costs on Appeal: A “How To” Guide

A motion for security for costs can be a powerful tool in a litigator’s arsenal to ensure a client is not left with an unenforceable costs order…

Jul 6, 2019

The Standard of Appellate Review for Standard Form Contracts versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525

The SFC Story Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation (“SFC”). Between 2003 and 2011, SFC’s…

Jul 4, 2019

Trudeau, Ford Give Canada Day Cannabis Gifts: New Rules for Edibles and Retail Licensing in Ontario

As Canadians start to wind down for the summer holidays, Prime Minister Justin Trudeau and Ontario Premier Doug Ford have gifted retailers and consumers with new and…

Jul 3, 2019

Court of Appeal Refuses Leave to Appeal Costs Award Which Overshadowed Amount in Issue

In Knight v Knight, 2019 ONCA 538, the Court of Appeal released Reasons for Decision refusing to grant leave to appeal from an award of costs of…

Jun 19, 2019

Corporate Attribution and Knowing Assistance: Active Participation Required

The Supreme Court of Canada recently weighed in on the doctrines of knowing assistance and corporate attribution when it overturned the majority decision of the Ontario Court…

Jun 10, 2019

Words Matter: Lessons from the Essilor Decision and Other Musings

The word “patient” appears 96 times in the Regulated Health Professions Act, 1991 (“RHPA”).[1] This is not a coincidence or an accident. The RHPA was established by…

Jun 4, 2019

“Just Friends” or Something More? Court Finds Shareholders in Closely-Held Corporation Were Dealing at Arm’s Length

In 1085372 Ontario Limited v. Kulawick, 2019 ONSC 2344, the Honourable Justice Penny dismissed an action to set aside a transaction under s. 96(1) of the Bankruptcy…

May 29, 2019

The Application of Rule 49 Cost Consequences in Expropriation Cases: Shergar v Windsor

When land is expropriated, the owner whose land is taken is entitled to be compensated for the fair market value of the land taken, the damage to…

May 27, 2019

Canadian Trademarks: A Great Time to File (Part 2)

In Part 1 of this article, we noted that the Trademarks Act (Canada) will be overhauled on June 17, 2019. We highlighted that in certain situations it…

May 16, 2019

Motions for Partial Summary Judgment: Further Commentary from the Court of Appeal after Butera

In its 2017 decision in Butera v. Chown, Cairns LLP,[1] the Ontario Court of Appeal discussed the problems associated with partial summary judgment motions.[2] Specifically, the Court…

May 3, 2019

It’s a Small World After All: Obtaining Evidence from Persons Outside Ontario

In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in…

May 1, 2019

Key Takeaways from One of Canada’s Largest Subrogation Trial Judgments

Background On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. (“ISH”). The leak occurred at ISH’s Desan Field, located in Northern B.C. The…

Apr 30, 2019

Going Public in Canada – Listing on the TSX, TSX V or CSE

Canada has a strong and well-regulated capital market with a history of funding growth companies. By going public in Canada, companies can achieve robust valuations and raise…

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