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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…

Class Actions in Ontario: Update and Recent Developments

Partner Marie-Andrée Vermette discusses recent developments in class actions in Ontario. Click here to read the paper published in Volume 455 – Colloque national sur l’action collective :…

Apr 23, 2019

New Rules for Charities and their Public Policy Dialogue and Development Activities

Charities bring valuable perspectives to public discourse through their services to Canadians and interactions with the most vulnerable. These experiences are vital for the creation of public…

The Final Skirmish in the Trillium Class Action: Class Counsel’s Charge With Respect to Fees and Disbursements Trumps GM’s Prior Perfected Security Interest

One of the few Ontario class actions to proceed through trial to judgment and subsequent appeals, the Trillium Motor World Ltd. (“Trillium”) v. General Motors of Canada…

Apr 16, 2019

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