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Commercial Litigation

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Jun 18, 2021

RGD Creativity & The Law Webinar: Implications of the Pandemic: Employment Law Issues – Designers Promoting Designers

WeirFoulds lawyers Megan Mah and Max Skrow will be speaking at an upcoming event “RGD Creativity & The Law Webinar: Implications of the Pandemic: Employment Law Issues” …

May 4, 2021

2021 In-House Counsel Update: Continuing Challenges in a Changing World

WeirFoulds’ Commercial Litigation Practice Group will be hosting our Annual In-House Counsel Update where we will discuss navigating challenges that continue to arise in the context of…

Mar 18, 2021

The Rise of the Unregistered Priority Interest: Significant Priorities Cases in 2020

The significant priorities cases in 2020 arose in every imaginable context from the sale of residential properties to construction projects to remediating environmental damage.  The overarching theme…

Mar 16, 2021

WeirFoulds welcomes two new associates

WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Alyssa Clutterbuck – Municipal Law Alyssa is an associate in the…

Mar 6, 2021

How Is the Sausage Made?: Public Access to Third Party Information in Government Records

The decision in Concord Premium Meats Ltd. v Canada (Food Inspection Agency), 2020 FC 1166, illustrates how Canadian freedom of information legislation balances the public right to access government…

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…

Mar 2, 2021

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 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…

13th Annual National Symposium on Managing Risk in Construction Contracts & Projects

WeirFoulds Partner Glen Ackerley will be speaking at the ’13th Annual National Symposium on Managing Risk in Construction Contracts & Projects’ on February 26, 2021. Glen will…

Feb 25, 2021

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…

Feb 24, 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…

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 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…

Jan 29, 2021

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 25, 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…

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 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…

Dec 23, 2020

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 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

A Litigator’s Guide to Case Preparation – The Advocates’ Society

WeirFoulds Partner Marie-Andrée Vermette will be co-chairing A Litigator’s Guide to Case Preparation on December 9, 2020. Partner Caroline Abela will be speaking at the virtual event on “Effective…

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…

Nov 30, 2020

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…

Nov 25, 2020

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…

Nov 18, 2020

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…

Nov 16, 2020

WeirFoulds commercial litigator Nadia Chiesa recognized as a 2020 Lexpert Rising Star

WeirFoulds is pleased to announce that Nadia Chiesa, Partner and Co-Chair of the Caribbean Practice Group, has been named a Lexpert Rising Star 2020, Leading Lawyer Under…

Nov 10, 2020

Help Me Help You: A Mentoring Event for the Next Generation of Entertainment, Media and Communications Lawyers – The Canadian Bar Association

WeirFoulds Associate Emma Romano will be speaking at Help Me Help You – A mentoring event for the next generation of entertainment, media and communications lawyers, being hosted…

Nov 6, 2020

Transportation Notes: Air Passenger Rights Group Challenges CTA Statements on COVID-19 Vouchers

In the wake of travel restrictions and sweeping flight cancellations due to the COVID-19 pandemic, the Canadian Transportation Agency (“CTA”) issued two public statements on its website…

Nov 4, 2020

Reflections on Half a Century in the Commercial Litigation Trenches – Part I

Articling Year I think that it is safe to say that I started my professional life as a commercial litigation lawyer the day I began my articles…

Nov 3, 2020

WeirFoulds construction lawyers and law clerk talk to Daily Commercial News about COVID-19’s impact on litigation

In the October 30, 2020 article, “Legal Notes: Four ways COVID-19’s legacy will impact, contracts, litigation and labour” published by Daily Commercial News, WeirFoulds construction lawyers Faren…

Oct 28, 2020

“Arising out of”: Adding Another Definition to Your Contractual Terms Dictionary

In Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company,[1] the Ontario Court of Appeal analysed a common feature of insurance arrangements in development projects…

The Six-Minute Debtor-Creditor and Insolvency Lawyer 2020 – Law Society of Ontario

Partner Philip Cho will be speaking at the The Six-Minute Debtor-Creditor and Insolvency Lawyer 2020. The virtual program is being hosted by the Law Society of Ontario…

Oct 9, 2020

Court of Appeal Decides Against Overruling its Prior Decisions on s. 7(6) of the Arbitration Act

In Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, 2020 ONCA 612, an appeal was brought from the order of a motion judge…

Sep 29, 2020

Uber Arbitration Agreement not so Uber

Uber Arbitration Agreement not so Uber[1] In my April 16, 2018, blog,[2] I wrote about the Superior Court of Justice’s decision upholding the arbitration provisions in an…

Sep 23, 2020

Parties Must Check their Biases at the Door When Exercising Contractual Rights

In Elias Restaurant v Keele Sheppard Plaza Inc., 2020 ONSC 5457, Justice Morgan of the Ontario Superior Court of Justice commented on the racist overtones of the…

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