Commercial Litigation

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Aug 27, 2019

Ulterior Motive? The Court Probably Doesn’t Care (And May Order Costs)

Litigants (and their lawyers) often develop theories regarding a party’s underlying motivation in a legal dispute. While these theories sometimes provide useful insight into a party’s strategy…

Aug 21, 2019

40 lawyers from WeirFoulds recognized in Best Lawyers in Canada 2020

WeirFoulds congratulates 40 of our lawyers on being recognized in the 2020 edition of Best Lawyers in Canada. We have proudly earned 63 rankings in 23 specialty…

Aug 7, 2019

Rolling Limitation Periods: What Resets the Clock?

What will establish a “rolling” limitation period? In other words, why does the limitation clock start over again in one case, but not another? The Ontario Court…

Jul 31, 2019

Court of Appeal Criticizes Trial Judge’s Conduct

In R. v. Ibrahim, 2019 ONCA 631, the Ontario Court of Appeal (Rouleau, Trotter and Zarnett JJ.A.) criticized the deportment of the trial judge in a criminal…

Jul 16, 2019

Security for Costs on Appeal: A “How To” Guide

A motion for security for costs can be a powerful tool in a litigator’s arsenal to ensure a client is not left with an unenforceable costs order…

Jul 6, 2019

The Standard of Appellate Review for Standard Form Contracts versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525

The SFC Story Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation (“SFC”). Between 2003 and 2011, SFC’s…

Jul 4, 2019

WeirFoulds’ Gregory Richards to receive Catzman Award for Professionalism and Civility

WeirFoulds is pleased to announce that Gregory Richards, counsel and former managing partner and chair of the Partnership, has been selected as the 2019 recipient of the…

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 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 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 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 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 23, 2019

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 11, 2019

Subrogation Webinar: Oil & Gas and Construction Claims

Join us for a webinar presentation as we discuss case law and legislation related to Oil & Gas and Construction subrogation losses, as well as strategies for…

Mar 14, 2019

WeirFoulds Partner Frank Walwyn to receive a 2019 Law Society Medal

WeirFoulds is pleased to announce that Frank Walwyn has been selected by the Law Society of Ontario as a recipient of a 2019 Law Society Medal (LSM).…

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Subrogation Webinar: Oil & Gas and Construction Claims

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