Kinectrics v. FCL Fisker et al.: Novel Limitation Period Arguments for Subrogation Insurers
WeirFoulds’ subrogation team successfully opposed a motion for summary judgment recently, reported at Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748. In that decision, Justice Sanfilippo […]
Ontario Announces Provincewide Shutdown: What Does This Mean for Employers?
On December 21, 2020, Ontario announced that it will move into a provincewide shutdown to stop the spread of COVID-19. The provincewide shutdown will go into effect as of Saturday, […]
The Supreme Court of Canada Clarifies the Application of the Duty of Honest Performance in the Context of the Exercise of Unilateral Termination Clauses
On December 18, 2020, the Supreme Court of Canada released its decision in C.M. Callow Inc. v Zollinger,[1] in which it took the “opportunity to clarify what constitutes a breach […]
Business as Usual-ish: Construction Activities and a New Lockdown for Ontario
Although Ontario is heading back into lockdown starting this Boxing Day, for those in the construction industry it remains very much business as usual (which is to say, “usual” within […]
Stop the Clock: Ontario Again Extends the Deemed COVID-19 Emergency Leave and Introduces Flexibility for Layoffs in Unionized Workplaces
Ontario has once again extended the relief for employers from the temporary layoff provisions under the Ontario Employment Standards Act, 2000 (ESA) in the hopes of protecting businesses from the […]
An Employer’s $115K Mistake in a Wrongful Dismissal Settlement
On November 9, 2020, Brown J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Kearns v Canadian Tire Corporation Limited, upholding the 2019 decision of the […]
WeirFoulds welcomes two new associates
WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Micah Goldstein – Municipal Law Micah is a senior associate in the firm’s Municipal, […]
Seller Beware: Ontario Court of Appeal Confirms that a Purchaser’s Inspection does not always Relieve the Vendor of Liability for Misrepresentations
The general rule regarding the purchase of real property is that the purchaser must satisfy himself or herself of the suitability of the property he or she seeks to purchase […]
Rules Modernization in Ontario – O.Reg. 689/20
If there is a silver lining to the disruption caused by the coronavirus pandemic in the Ontario justice system, it is the modernization of the Court system which is generally […]
Transportation Notes: Filing of Insurance Certificates with the Canadian Transportation Agency
Air carriers offering scheduled international services to/ from Canada are required, by virtue of the Canada Transportation Act, S.C. 1996, c. 10, to file proof of insurance each year as […]
WeirFoulds litigators recognized in the 2020 Lexpert Special Edition – Canada’s Leading Litigation Lawyers
WeirFoulds is pleased to announce that eight of our partners have been recognized in the 2020 Lexpert Special Edition – Canada’s Leading Litigation Lawyers. This year, our listed lawyers include: […]
Webinar: Commercial Litigation – Professionalism Issues in a Virtual World
In this webinar some of our commercial litigators discuss Professionalism Issues in a Virtual World (tailored for small firms and sole practitioners). Topics and speakers include: Panel 1: Ethical and […]
WeirFoulds welcomes three new associates
WeirFoulds is pleased to welcome three new associates to the firm in the following practice areas: Viktoria Grafstrom – Construction Law Viktoria is an associate in the Construction Law Practice […]
Transportation Notes: Should Expert Reports on the Interpretation of the Montreal Convention Be Allowed in Challenge to Canadian Air Passenger Protection Regulations?
Canada’s Air Passenger Protection Regulations (the “APPRs”) came into effect in two stages in July and December 2019. Even before the first tranche of provisions came into effect, the International […]
Supreme Court Clarifies the Law on the Duty of Care for Pure Economic Loss
A recent Supreme Court of Canada decision is a cautionary tale on the Court’s reluctance to award recovery in tort where parties fail to mitigate risks through contract. In 1688782 […]