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Litigation

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Nov 23, 2017

WeirFoulds partners listed in Lexpert US Cross-Border Guide – Litigation

WeirFoulds is pleased to announce that Bryan Finlay QC, Derry Millar and Nikiforos Iatrou are listed in the 2017 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada.

Nov 21, 2017

Raj Anand tells The Toronto Star that controversial Law Society initiative is an important part of culture change, “not a burdensome requirement”

WeirFoulds partner Raj Anand has joined with others in the legal profession to urge the Law Society not to backtrack on addressing systemic racism in the legal profession.

Make a Will Month provides an annual checkup for lawyers and the public

According to a 2012 survey conducted by lawyers’ insurance company LawPRO, 56 per cent of Canadian adults do not have a signed will and 71 per cent do not have a signed power of attorney. The Ontario Bar Association hopes to tackle this issue during Make a Will Month, a public outreach campaign aimed at educating the public about the importance of executing a will and powers of attorney and informing the public about the ways in which lawyers can assist in estate planning.

Revisiting First Principles Applicable to Motions for Leave to Intervene in Class Proceedings

In Romeo v. Ford Motor Co.,[1] a recent decision of the Ontario Superior Court of Justice, Justice E.M. Morgan considered the principles applicable to a motion to intervene in…

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Nov 20, 2017

FACL Honours Raj Anand with Lifetime Achievement Award

The Federation of Asian Canadian Lawyers (FACL) Ontario honoured Raj Anand, WeirFoulds Senior Partner and Bencher of the Law Society of Upper Canada, with their 2017 Lifetime Achievement Award.

Third Edition of the U.S. Sedona Principles and Ongoing Developments in Electronic Discovery

Last month, the Sedona Conference announced the publication (forthcoming in 2018) of the third edition of The Sedona Principles: Best Practices, Recommendations & Principles for Addressing Electronic Document Production (the “Principles”), and released a “Final/Prepublication Version”. The Principles were developed by the Sedona Conference Working Group on Electronic Document Retention and Production, and represent a set of core principles and best practice recommendations for production of electronic information in litigation. The Principles and extensive commentary to the Principles have been updated twice since their first publication in January 2004 to reflect the continuing developments in technology, the increasing proliferation of electronic documents, the practical issues encountered in litigation, as well as the developments in the law that are often driven by these very factors.

Nov 7, 2017

Raj Anand writes to the editor of The Globe and Mail

Raj Anand, senior WeirFoulds partner, Bencher of the Law Society of Upper Canada (LSUC) and co-chair, Working Groups on Challenges Faced by Racialized Lawyers and Paralegals, wrote a letter to the editor of The Globe and Mail.

Security for Appeal Costs: Litigation Tactics Through the Holistic Lens

In Yaiguaje v. Chevron Corporation, 2017 ONCA 827, a panel of the Ontario Court of Appeal recently reversed, in short order, a decision of one of its members…

Nov 3, 2017

The Supreme Court of Canada Holds Banks Liable for Conversion: Teva Canada Ltd. v. TD Canada Trust

On October 27, 2017, the Supreme Court of Canada released its decision in Teva Canada Ltd. v. TD Canada Trust.1 The Court split 5:4 in the decision to overturn…

Nov 1, 2017

Caroline Abela discusses the importance of creating a will and Make a Will Month on Ontario Morning

WeirFoulds partner Caroline Abela discussed the importance of having a will and the Make a Will initiative taking place as a result of a partnership between the Toronto Public Library and the Ontario Bar Association on Ontario Morning on the CBC.

Oct 31, 2017

WeirFoulds lawyers volunteer time for Make a Will Month

November is Make a Will month and the Toronto Public Library and the Ontario Bar Association have teamed up to bring lawyers to local library branches.

Oct 30, 2017

WeirFoulds partners recognized as leading lawyers in 2017 Lexpert® Special Edition – Energy

WeirFoulds is pleased to announce that Wayne Egan and Robert Warren are listed in the 2017 Lexpert® Special Edition – Energy.

Oct 23, 2017

Raj Anand discusses Law Society statement of principles with Canadian Lawyer Magazine

WeirFoulds partner, and Law Society of Upper Canada Bencher, Raj Anand discusses concerns raised about the Law Society’s requirement that lawyers adopt and abide by the Statement of Principles.

Oct 16, 2017

Raj Anand contributes to Canada at 150: Building a Free and Democratic Society

WeirFoulds is pleased to announce that Raj Anand has contributed an essay to the LexisNexis one-of-a-kind publication, Canada at 150: Building a Free and Democratic Society.

Motions for Partial Summary Judgment: Proceed with Caution

In Hryniak v Mauldin, the Supreme Court of Canada held that a summary judgment motion is appropriate if: (i) it can achieve a fair and just adjudication; and (ii) it provides a process that allows the judge to make the necessary findings of fact, apply the law to those facts, and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial.

Oct 12, 2017

Caroline Abela speaks all about shareholders for FEX Café Lunch Series

FEX Members Jeff Noble, BDO, and Caroline Abela, WeirFoulds LLP recently presented part one for a three part webinar series, “All About Stakeholders”.

Oct 11, 2017

Chambers Global Practice Guide: Cartels 2018 Canadian Chapter

WeirFoulds Competition Practice Group contributed the Canadian chapter to Chambers Global Practice Guide: Cartels 2018.

Oct 10, 2017

Bill 160: Major Initiatives of the Ministry of Health and Long-term Care

On September 27, 2017, the Ontario Government introduced for first reading Bill 160, Strengthening Quality and Accountability for Patients Act, 2017, one of the most far-reaching omnibus bills…

Court of Appeal Affirms Full Indemnity Costs Award

In Net Connect Installation Inc. v. Mobile Zone Inc., 2017 ONCA 766 , a decision released on September 29, 2017, the Court of Appeal articulates the standard of conduct…

Oct 4, 2017

ONCA considers the “reasonable investigation” defence in securities class actions

The Ontario Court of Appeal recently released its decision in Rahimi v SouthGobi Resources Ltd., 2017 ONCA 719, in which it reversed a well-publicized Superior Court securities class action decision.

Oct 2, 2017

The continuing saga in Yaiguaje v. Chevron Corporation: a lesson in security for costs and the enforcement of foreign judgments

The judicial history in Yaiguaje v. Chevron Corporation spans several jurisdictions and dates back to the early 1990s, while the facts underlying the dispute date back to the 1960s. The matter has reached appeal courts, including the Supreme Court of Canada, and has prompted a review of several issues relevant to the conduct of business internationally, including the enforcement of foreign judgments and piercing the corporate veil.

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Sep 29, 2017

Michael Statham discusses Canadian securities class actions with Corporate Disputes Magazine

WeirFoulds Managing Partner Michael Statham is a featured panelist in a discussion of Canadian Securities Class Action Litigation in Oct-Dec 2017 issue of Corporate Disputes Magazine.

Sep 21, 2017

Primer on Permanent, Mandatory and Interlocutory Injunctions

(1) OVERVIEW [1] Injunctions are extraordinary remedies.  Given their equitable nature, they are very flexible and an invaluable tool for litigators.  An interlocutory injunction, if granted, can have a…

Sep 19, 2017

WeirFoulds supports hurricane relief efforts in the Caribbean

WeirFoulds is deeply saddened by the recent devastation in the Caribbean in the wake of Hurricanes Irma and Maria.

Sep 13, 2017

Back to Basics: A Refresher on the Fundamentals of Contractual Interpretation

As the new school year kicks off, the Ontario Court of Appeal’s recent decision in RBC Dominion Securities Inc. v. Crew Gold Corporation, 2017 ONCA 648 serves as a handy study guide for lawyers looking to brush up on Contracts 101.

Sep 6, 2017

WeirFoulds Partner Caroline Abela is the Co-Chair of the ABA-SIL – International Private Client Committee (IPCC)

WeirFoulds is pleased to announce that Caroline Abela has been appointed the Co-Chair of the ABA Section of International Law – International Private Client Committee.

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Sep 1, 2017

Ken Prehogan speaks to the LSUC Gazette about why he is an advisor

WeirFoulds litigation partner Ken Prehogan is a volunteer advisor for the Law Society of Upper Canada’s (LSUC) Coach and Advisor Network (CAN).

Litigation & Dispute Resolution module

WeirFoulds Partner Marie-Andrée Vermette and Associates, Megan Mah, Anastasija Sumakova and Kayla Theeuwen are contributors to the Lexis Practice Advisor Canada, Litigation & Dispute Resolution module. The guide was developed to…

Aug 29, 2017

Nikiforos Iatrou and Kayla Theeuwen contribute to Today’s General Counsel

WeirFoulds partner Nikiforos Iatrou and associate Kayla Theeuwen contributed to the Aug/Sept issue of Today’s General Counsel with their article, “‘Umbrella Damages’ Forecast for Canada: Cross-border sellers beware “.

Aug 28, 2017

“Umbrella Damages” Forecast for Canada: Cross Border Sellers Beware

WeirFoulds partner Nikiforos Iatrou and associate Kayla Theeuwen contributed to the Aug/Sept issue of Today’s General Counsel with their article, “‘Umbrella Damages’ Forecast for Canada: Cross-border sellers beware “. The article examines divergent views on the issue of whether umbrella purchasers have a cause of action at Canadian law, and, as a result, identifies that a storm of umbrella damage claims may be in the forecast.

Aug 25, 2017

With or Without Prejudice?

A recent court decision in Ontario reminds us of the significant implications when communications are characterized as having been made “without prejudice”. Such communications are generally precluded from being disclosed or referred to in any subsequent court proceedings. In contrast, no disclosure restrictions are imposed on communications falling outside the without prejudice classification. It is important for parties and their legal advisors to keep the distinction in mind at the time a communication is made.

Aug 22, 2017

WeirFoulds Lawyers Recognized in 2018 Best Lawyers® in Canada Directory

WeirFoulds is pleased to announce that 34 of our lawyers have been listed in the 2018 edition of Best Lawyers® in Canada.

Aug 8, 2017

WeirFoulds congratulates Raj Anand on being named one of Canadian Lawyer’s Top 25 Most Influential Lawyers for 2017

WeirFoulds is pleased to announce that Raj Anand, a senior partner and Bencher of the Law Society of Upper Canada, has been named as one of Canadian Lawyer’s Top 25 Most Influential Lawyers for 2017 in the Human Rights, Advocacy and Criminal law category.

Aug 1, 2017

Clare Burns co-authors article for estates practitioners on dealing with unusual assets

WeirFoulds litigation partner Clare Burns co-authored an article for The Lawyer’s Daily.

21st Century Estate Practice: Shrunken heads and sperm

Hollywood’s vision of an estate solicitor sitting at their desk mulling fine points of tax law while sipping tea and drafting a will is so far from modern practice as to be laughable. One troubling issue for estate practitioners in the 21st century is the plethora of unique assets that have to be planned for, administered, and/or disposed of in a safe and permissible manner. An unscientific survey of our colleagues’ experiences yields some useful tips for dealing with unusual assets.

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