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Litigation

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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 24, 2019

WeirFoulds lawyers appointed to The Advocates’ Society Practice Groups and Standing Committee for 2019-2020

WeirFoulds is pleased to announce that a number of our lawyers have been appointed to The Advocates’ Society’s Practice Groups and Standing Committee for the 2019-2020 year.…

Jun 20, 2019

Multiple WeirFoulds lawyers to serve on OBA Law Section executives

WeirFoulds is pleased to announce that a number of our lawyers have been elected as Members-at-Large of the Ontario Bar Association’s Law Section executives for the 2019-2020…

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…

WeirFoulds Senior Associate Lisa Danay Wallace appointed Chair of the OBA’s IT & IP Section executive

WeirFoulds is pleased to announce that Lisa Danay Wallace, senior associate of our Technology and Intellectual Property Practice Group, has been appointed Chair of the Ontario Bar…

Jun 14, 2019

WeirFoulds partners listed in 2019 Lexpert Guide to US/Canada Cross-Border Lawyers in Canada

We are pleased to announce that Glenn Ackerley and Raj Anand have been listed in the 2019 Lexpert Guide to US/Canada Cross-Border Lawyers in Canada. Glenn Ackerley…

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 5, 2019

WeirFoulds congratulates Partner Sandra Astolfo on receiving the 2019 OBA Construction and Infrastructure Law Award of Excellence

WeirFoulds is pleased to announce that Sandra Astolfo has been awarded the 2019 Construction and Infrastructure Law Award of Excellence by the Ontario Bar Association. She was…

The Six-Minute Employment Lawyer 2019 – Law Society of Ontario

Partner Philip Cho has been invited to speak at the Law Society of Ontario’s Six-Minute Employment Lawyer 2019 event. Philip will present on a paper that he…

Jun 4, 2019

The Six-Minute Business Lawyer 2019 – Law Society of Ontario

Partners Philip Cho and Susan Han have been invited to participate in the Law Society of Ontario’s Six-Minute Business Lawyer 2019 event. Philip Cho will provide a…

“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 24, 2019

WeirFoulds congratulates Partner Frank Walwyn on receiving a 2019 Law Society Medal

WeirFoulds is thrilled to announce that Partner Frank Walwyn has been awarded a 2019 Law Society Medal (“LSM”) from the Law Society of Ontario. Frank was presented with…

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 8, 2019

WeirFoulds’ Partner Sandra Astolfo to receive OBA Construction and Infrastructure Law Award of Excellence

WeirFoulds is pleased to announce that Sandra Astolfo has been selected as the 2019 recipient of the Ontario Bar Association’s Construction and Infrastructure Law Awards of Excellence.…

May 6, 2019

WeirFoulds recognized in the 2019 Canadian Legal Lexpert Directory

WeirFoulds is pleased to announce that 22 of our lawyers have been recognized in 14 different practice areas in the 2019 Canadian Legal Lexpert Directory. Each lawyer…

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 29, 2019

WeirFoulds secures one of Canada’s largest subrogation trial judgments

On March 28, 2019, Justice Gillian Marriott of the Court of Queen’s Bench of Alberta ruled in favour of WeirFoulds’ client, ISH Energy in ISH Energy Ltd…

Canadian Network of Agencies for Regulation – 2019 Workshop

WeirFoulds has partnered with the Canadian Network of Agencies for Regulation (CNAR) for its 2019 Workshop in Toronto on May 29, 2019. WeirFoulds lawyers will host the…

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

Construction Issues in Commercial Leasing – Breakfast Briefing

WeirFoulds Partners Krista Chaytor, Faren Bogach and Karsten Lee invite you to join us for a breakfast briefing on Tuesday, June 4, 2019. Speakers will discuss how…

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 17, 2019

Raj Anand speaks with Law Times about recent HRTO decision in law firm discrimination case

Partner Raj Anand spoke with Law Times about a March 22, 2019 decision by the Human Rights Tribunal of Ontario. The case involved two aspects of law…

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 9, 2019

2019 Leading Change: Leadership Development Bootcamp for Racialized Lawyers

WeirFoulds is proud to support this very important event and discussion among the Bar. Open to all lawyers, the 2019 Leading Change: Leadership Development Bootcamp for Racialized…

Ontario General Contractors Association: 11th Construction Symposium

WeirFoulds is proud to be a silver sponsor at this year’s two day construction symposium. Two of our partners will be speakers at this year’s event. April…

Apr 3, 2019

The Six-Minute Estates Lawyer 2019 – Law Society of Ontario

Partner Clare Burns will speak at the Six-Minute Estates Lawyer 2019 seminar, hosted by the Law Society of Ontario. She will speak on the topic of “Joint…

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…

Apr 1, 2019

James Kosa speaks with Canadian Lawyer about AI use by in-house legal departments

Partner James Kosa spoke with Canadian Lawyer in the article “Sizing up AI for in-house” by Luis Millán. The piece discusses how legal departments are beginning to…

WeirFoulds’ Annual Spring Employment Law Seminar

Join us for our annual spring seminar where we will discuss a variety of topics including executive compensation, surviving the litigation process, workplace harassment investigations and termination…

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…

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