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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

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 26, 2019

Transportation Notes: Québec Court Rules One Passenger One Ticket Applies in Class Action

The Québec Superior Court of Justice recently ruled against Air Canada in a class action brought by passengers with disabilities, their attendants, and obese passengers who were…

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

Webinar: Subrogation – Oil & Gas and Construction Claims

WeirFoulds’ Subrogation and Recovery Practice Group hosted a webinar discussion on case law and legislation related to Oil & Gas and Construction subrogation losses, as well as strategies…

Apr 3, 2019

Legal and Regulatory Issues Facing Building Owners and Property Managers

WeirFoulds Partners Jeff Cowan and Ryan Morris, and Associates Lia Boritz and Caitlin Stevens presented a paper on “Legal and Regulatory Issues Facing Building Owners and Property…

Apr 2, 2019

Canadian Trademarks: A Great Time to File (Part 1)

On June 17, 2019, substantial amendments to the Trademarks Act (Canada) will come into force. Because the Canadian system for registration of trademarks will be overhauled, it…

Mar 25, 2019

The Avista and East-West Tie Cases, and Their Implications for the Governance of the Electricity Sector in Ontario

Please click here to read the full paper. I Introduction Two recent cases have highlighted a serious weakness in the governance of the electricity sector in…

Mar 22, 2019

Budget 2019 In-Depth: Pending Proposals to Limit Preferential Tax Treatment of Employee Stock Options

The 2019 Federal Budget announced the Canadian government’s intent to limit the preferential tax treatment afforded to employee stock options that are granted to “high income individuals…

Mar 18, 2019

Transportation Notes: Court Rules on Entitlement to Lost Baggage Compensation

The Ontario Superior Court of Justice recently ruled that in order to claim damages for lost baggage under the Convention for the Unification of Certain Rules for…

Mar 14, 2019

Criminal Records Redux: The New Posting Requirements in the Regulated Health Professions Act

Previously, in What You Need to Know about Police Record Checks,[1] we examined the new framework under the Police Record Checks Reform Act, 2015[2] for conducting and…

Mar 13, 2019

The Anti-SLAPP Sequel: Updates from the Court of Appeal on s. 137.1 of the Courts of Justice Act

On August 30, 2018, the Ontario Court of Appeal released six unanimous decisions, providing the first appellate interpretation of s. 137.1 of the Courts of Justice Act…

Mar 12, 2019

Murphy c. Grid Solutions Canada: A Quebec’s motion to dismiss is not intended to replace the trial

Recently, WeirFoulds Associate Marie-Pier Nadeau and local counsel successfully opposed a motion seeking the dismissal of our clients’ claim for abuse of procedure in Murphy c. Grid…

Feb 28, 2019

Transportation Notes: Class Action Regarding Flight Passes Denied Certification

The Québec Superior Court recently declined to certify a class action based on the application of certain sections of the Consumer Protection Act or its Alberta equivalent…

Feb 27, 2019

Promises to Repair and Limitation Periods: Extending the Time to Sue

A recent decision of the Court of Appeal shows that a defendant’s promise to fix a problem may extend the time limit for bringing a proceeding under…

Feb 22, 2019

Webinar: Let’s Mind the Data – Understanding Artificial Intelligence & Machine Learning

WeirFoulds, the Canadian Law Technology Association (CAN-TECH) and a cross section of industry professionals discuss Artificial Intelligence and Machine Learning, including the potential ethical implications in the…

Feb 20, 2019

The Independence of Expert Witnesses – Part II

This article continues the discussion in “The Independence of Expert Witnesses”, which was published on April 2, 2018. Now that we have some case law applying White…

Feb 8, 2019

A Refresher on Discoverability Principles

Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the Limitations Act, 2002:[i] 5.…

Feb 4, 2019

Choose Your Words Wisely: Uber’s Arbitration Clause For Employees Rejected by Ontario’s Court of Appeal

On January 2, 2019, Nordheimer J.A., writing for a unanimous panel of the Ontario Court of Appeal, released his decision in Heller v Uber Technologies Inc. The…

Jan 29, 2019

Condominiums & Construction Liens

Registering construction liens against condominiums presents some unique challenges. This article will outline some of those challenges and present some check-lists that can be used to ensure…

Jamaica’s Charter of Fundamental Rights and Freedoms: An ineffective safeguard for oppression

At the signing of the Proclamation of the Constitution Act – and Canada’s Charter of Rights and Freedoms – in April 1982, the Right Honourable Pierre Elliott…

Jan 24, 2019

The Civil Trial in Ontario: The Culture Shift from the “Sport of Kings” Towards the “One Judge Model”

Effective February 1, 2019, the Ontario Superior Court of Justice will implement the Provincial Civil Case Management Pilot – One Judge Model (the “Pilot”). Civil litigants may…

Jan 23, 2019

Foiled by Fonts: How Expert Evidence on Fonts Demonstrated Trusts Were Shams

The Ontario Superior Court of Justice recently reviewed the indicia of a sham trust in McGoey (Re).[1] Gerald McGoey, an undischarged bankrupt, and his wife, Kathryn McGoey,…

Jan 17, 2019

What is the Reasonable Apportionment of Fault? The Case of the CNRL Emulsion Pipeline Failure

In Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305, the Alberta Court of Appeal very recently dealt with an…

Jan 16, 2019

Streamlining Growth Management – Proposed Amendments to the Growth Plan for the Greater Golden Horseshoe, 2017

On January 15, 2019, the Minister of Municipal Affairs and Housing announced proposed amendments to the Growth Plan for the Greater Golden Horseshoe, 2017 (the “Growth Plan”)…

Jan 1, 2019

Transportation Notes: Federal Government Proposes Air Passenger Protection Regulations

The Canadian Transportation Agency (CTA) is seeking public review and comment on proposed Air Passenger Protection Regulations. The proposed regulations will establish a carrier’s minimum obligations toward…

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