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Litigation

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Mar 3, 2021

WeirFoulds’ Marie-Andrée Vermette appointed as Judge of the Superior Court of Justice of Ontario

WeirFoulds is delighted to announce that former Partner Marie-Andrée Vermette has been appointed as Judge of the Superior Court of Justice of Ontario (Toronto). The Honourable David…

WeirFoulds welcomes three new associates

WeirFoulds is pleased to welcome three new associates to the firm in the following practice areas: Dara W. Azari – Securities Law Dara is an associate in…

Feb 26, 2021

Handle with Care: Joint Document Books in Civil Trials

Two cases that the Ontario Court of Appeal decided in the last year illustrate how much thought and care must go into preparing a Joint Document Book…

Feb 23, 2021

Women in Business Law Panel – Osgoode Women’s Network

WeirFoulds Partner Nadia Chiesa will be speaking at the upcoming ‘Women in Business Law Panel’ hosted by Osgoode Women’s Network on February 24, 2021 from 12:30 pm…

The Six-Minute Commercial Leasing Lawyer 2021 – Law Society of Ontario

WeirFoulds Partners Karsten Lee (Co-Chair) and Krista Chaytor (Speaker) will be presenting at the Six-Minute Commercial Lawyer 2021; hosted by the Law Society of Ontario on March…

Feb 18, 2021

Fair is Fowl and Fowl is Fair: Implications of the Ontario Court of Appeal’s Decisions in Subway v CBC

The Ontario Court of Appeal recently released two decisions under Ontario’s anti-SLAPP (Strategic Litigation Against Public Participation) legislation: Subway Franchise Systems of Canada, Inc. v Canadian Broadcasting Corporation, 2021…

Feb 17, 2021

Here’s the Drill: Strategic Procurement – Drawbacks of Using Nonnegotiable Supplementary Conditions in RFPs

Requests for proposals (“RFPs”) are a popular procurement model for those looking to hire a construction contractor.  RFPs will commonly stipulate the form of contract the owner…

Feb 16, 2021

WeirFoulds initiates Thalidomide litigation

WeirFoulds LLP has initiated litigation against the Attorney General of Canada on behalf of the Thalidomide Survivors Task Group and six individual Thalidomide survivors. The claim, filed…

Transportation Notes: Air Carrier Avoids Liability for Refusal to Transport Disruptive Passenger

The British Columbia Civil Resolution Tribunal (BCCRT) recently ruled on a dispute involving an air carrier refusing to transport a disruptive passenger. In Serbinenko v. Air Canada,…

Feb 8, 2021

WeirFoulds welcomes senior insolvency and corporate restructuring lawyer Wojtek Jaskiewicz

WeirFoulds is delighted to announce that Wojtek Jaskiewicz has joined the firm as a partner in our Insolvency and Bankruptcy Practice Group. Wojtek is certified by the…

Feb 3, 2021

Turning the Page: The Future of Virtual Witnessing and Electronic Wills – Estate Planning Council of Vancouver

WeirFoulds Partner Clare Burns will be speaking at a webinar, “Turning the Page: The Future of Virtual Witnessing and Electronic Wills”, being hosted by the Estate Planning…

Jan 29, 2021

The Home Construction Regulatory Authority Replaces Tarion as Regulator of Ontario’s Homebuilding Industry

Big changes to the licensing and regulation of Ontario’s homebuilding industry are here. Effective February 1, 2021, a new stand-alone regulator called the Home Construction Regulatory Authority…

Reflections on Half a Century in the Commercial Litigation Trenches: Part II

Click here to read Part I. Arnup Leaves and an Offer Is Made Shortly after I joined WeirFoulds, John Arnup left the firm for the Court of…

Jan 21, 2021

Defamation: What Litigators Need To Know – The Advocates’ Society

WeirFoulds Partner Peter Jacobsen will be speaking at a webinar on the topic of “Defamation: What Litigators Need To Know” being hosted by The Advocates’ Society on…

Ontario Further Expands its Workplace Inspections Campaign to Combat COVID-19

Last week, the Ontario government announced that it would be ramping up workplace inspections to combat the rising number of COVID-19 cases in the province.[1] The government’s…

Here’s the Drill: Prompt Payment – Are your contracts in order?

In October 2019, the prompt payment rules were introduced to Ontario’s construction industry as part of the province’s updated Construction Act. The rules mark a significant shift…

Jan 20, 2021

Everything You Need to Know About the New CCDC 2 Contract – FCA Insurance Brokers

Do you have questions about the new CCDC 2 Contract? Partners Faren Bogach, Krista Chaytor and Associate Jeff Scorgie are collaborating with FCA Insurance on an upcoming…

Jan 18, 2021

Serving the Family: Critical Insights on the Issues Impacting Families in Corporate, Estates and Family Law – The OBA Institute Series

WeirFoulds Partner Lori Duffy will be speaking at the Ontario Bar Association’s Institute Series on Wednesday, February 3, 2021, on the topic of “Serving the Family: Critical…

Is it Time For Employers to Review Your Employment Contracts? The Supreme Court of Canada Says Yes

On January 14, 2021, the Supreme Court of Canada denied Swegon North America Inc.’s application for leave to appeal the Ontario Court of Appeal’s decision in Waksdale…

Jan 16, 2021

Appealing Forum Non Conveniens: Key Considerations

The recent decision of the Ontario Court of Appeal in GIAO Consultants Ltd. v 7779534 Canada Inc., 2020 ONCA 778 (“GIAO Consultants”) provides some key considerations for parties…

Jan 14, 2021

Ontario Ramps up Workplace Inspections to Combat COVID-19

The Ontario government recently announced additional measures aimed at addressing the recent rise in COVID-19 cases in the province,[1] and are now taking steps to ensure that…

Jan 13, 2021

Ontario Declares Emergency and Issues Stay-at-Home Order: What are the Implications for Employers?

Ontario has declared a second provincial emergency under the Emergency Management and Civil Protection Act in response to the growing number of COVID-19 cases in the province.…

Jan 6, 2021

Limitation Periods and COVID-19: Where Do Things Stand?

Courts across Canada shut down for a period of time in 2020 to respond to the COVID-19 pandemic. Several provinces and one territory suspended limitation periods in…

Jan 5, 2021

Comply or Beware: Toronto to Begin Naming Employers With COVID-19 Outbreaks

As COVID-19 cases in the City of Toronto continue to rise, local health officials are imposing additional requirements on employers to combat the spread. On Monday, January…

Jan 4, 2021

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…

Dec 23, 2020

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…

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…

Dec 22, 2020

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…

Dec 18, 2020

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…

Dec 17, 2020

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…

2021 Virtual Conference – The Ontario Stone, Sand & Gravel Association

WeirFoulds partner John Buhlman will be speaking at the 2021 OSSGA Virtual Conference taking place on February 25, 2021 from 8:30 a.m. to 1:00 p.m. OSSGA invites…

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…

Dec 11, 2020

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…

Dec 9, 2020

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…

Dec 8, 2020

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…

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