Commercial Litigation Insights: Understanding Limitation Period Dismissals in Summary Judgment Motions
Defendants sometimes bring summary judgment motions seeking to dismiss an action because it is statute barred. If the motion is successful, the action is dismissed, and the order is final. […]
Commercial Litigation Insights: Beyond the Veil: A Reminder from the Court of Appeal that Corporate Separateness is the Rule
Corporations are separate legal persons, capable of suing and being sued, much like natural persons. Unlike natural persons, however, corporations cannot direct their own actions. Instead, their decisions and actions […]
Commercial Litigation Insights: A Framework for Arbitrators to Determine Jurisdiction
Jurisdiction is one of the first issues that is raised in an arbitration. It is complicated by the fact that it can be raised in the course of the arbitration […]
Commercial Litigation Insights: Settlement Privilege and the Limits of ‘With Prejudice’ Communications in Ontario
During a litigious dispute, parties often have strategic reasons to send communications on a ‘with prejudice’ basis – i.e. with the intention of later relying on those communications in court. […]
Troubled Waters Ahead? Key Tips for Employers to Navigate Internal Risk
Join members of the WeirFoulds Employment & Labour Law and Commercial Litigation teams as they discuss key issues facing employers and identify practical tips to effectively navigate and mitigate internal […]
Commercial Litigation Insights: Navigating Legal and Ethical Duties in Business Partnerships
In a recent decision by the Ontario Court of Appeal, 7868073 Canada Ltd v 1841978 Ontario Inc, 2024 ONCA 371 (“786”), the Court emphasizes the importance of honouring contractual agreements, […]
Commercial Litigation Insights: They’re ba-ack! Everything you need to know about administrative dismissals in Ontario
Administrative dismissals of civil actions have resumed in Ontario, after being suspended since the COVID-19 pandemic. Starting May 13, 2024, any actions not set down for trial that were commenced […]
Commercial Litigation Insights: A Fair Shake: The Court of Appeal’s Treatment of Sophisticated Parties’ Bargains
The Court of Appeal’s decision in 660 Sunningdale GP Inc. v First Source Mortgage Corporation, 2024 ONCA 252 [Sunningdale] reaffirms that in general, sophisticated commercial parties to a contract will […]
A Cheat Sheet for Commercial Litigators: Key Procedural Differences Between Lien Actions and Other Actions
As a commercial litigator in Ontario, it is more than likely that a construction dispute will come across your desk. While there are many nuances to lien actions that are […]
Commercial Litigation Insights: Preserving Efficiency and Finality: Court of Appeal Clarifies Scope of “Fraud” in Arbitration
Arbitration offers contracting parties a typically faster and more cost-effective dispute resolution alternative to traditional court proceedings. While the Arbitration Act, 1991, SO 1991, c 17 limits court interference in […]
WeirFoulds Partners Benjamin Bathgate and Jessica Stansfield comment on jury’s Mango Markets decision in Bloomberg Law
Partner Benjamin Bathgate, Chair of WeirFoulds’ Commercial Litigation Practice Group, and Partner Jessica Stansfield were quoted in an article written by Matthew Bultman for Bloomberg Law on April 22nd, 2024. The article overviews the Mango […]
Rule of Law ‘1’, Code is Law ‘0’: Eisenberg Convicted in Mango Markets Criminal Trial after He Shies Away from Testifying
In the fateful words of Assistant U.S. Attorney Thomas Burnett: “Just because something is possible doesn’t make it legal”.[1] After an eight-day criminal trial in the U.S. District Court for […]
WeirFoulds welcomes Bota McNamara back to the firm’s Caribbean and Commercial Litigation Practice Groups
WeirFoulds is pleased to announce that Bota McNamara has re-joined the firm as a Partner in the Caribbean and Commercial Litigation Practice Groups. Bota has over 20 years of experience […]
2nd Annual Crypto and Digital Asset Fraud & Recovery – CI ACI C5
Partner Benjamin Bathgate will attend the 2nd Annual Crypto and Digital Asset Fraud & Recovery conference in London, UK on Thursday, April 25th and Friday, April 26th, 2024. The conference […]
Commercial Litigation Insights: Difficult, but not Impossible: Court Orders Non-Party Production from a Lawyer in Sheeraz v Seathi et al.
Rule 30.10 is a very powerful evidence-gathering tool. It empowers the Court to order a non-party to produce documents in their possession, power, or control that are relevant to ongoing […]