Commercial Litigation

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Nov 23, 2022

Five WeirFoulds lawyers recognized in 2022 Lexpert Special Edition – Litigation

We congratulate the five WeirFoulds litigators who have been recognized in the 2022 Lexpert Special Edition – Litigation. The publication profiles Lexpert-ranked lawyers who practice in several…

Nov 10, 2022

Multiple WeirFoulds lawyers recognized in Who’s Who Legal: Canada 2022

WeirFoulds is pleased to announce that twelve of the firm’s lawyers have once again been recognized in Who’s Who Legal: Canada. Since 1996 Who’s Who Legal has…

Oct 14, 2022

Leave May Not Always Be Required to Appeal an Arbitral Costs Award

Parties to commercial transactions often choose arbitration over litigation. While litigation offers a more structured process, arbitration provides both parties with a tailored, more private, faster and…

Sep 29, 2022

WeirFoulds, partners recognized in Chambers Canada Guide 2023

WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers. In the 2023 edition, five of our partners…

Aug 30, 2022

Constitutional Challenge Litigated by WeirFoulds LLP Strikes Down Anti-LGBT Laws in St. Kitts and Nevis

On August 29, 2022, the High Court of Justice in the Federation of Saint Christopher and Nevis (St. Kitts and Nevis) declared laws criminalizing consensual, private acts…

Aug 16, 2022

WeirFoulds welcomes Associates Cassie Chaloux and Michael Ding

WeirFoulds is pleased to welcome two associates to the firm in the following practice areas: Cassie Chaloux – Construction Cassie is an associate in our Construction Law…

Aug 11, 2022

Modernizing Oral Examinations: Changes Are Coming to Rule 34

The Ontario Civil Rules Committee has issued a consultation paper and is seeking input on potential changes to Rule 34 of the Rules of Civil Procedure, RRO…

Jul 28, 2022

Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding

Earlier this year, the Ontario Superior Court of Justice released its decision in Obsidian Group Inc. v. Google LL, 2022 ONSC 84, in which Justice Morgan reviewed…

Jul 15, 2022

Canadian vs. U.S. Defamation Trials: What if Depp v. Heard Took Place in Canada?

The Depp-Heard trial, which dominated headlines for weeks, culminated in a decision awarding Johnny Depp $15 million for his lawsuit and Amber Heard $2 million for her…

Jul 6, 2022

WeirFoulds celebrates successful challenge to anti-LGBTQ laws in Antigua and Barbuda

On July 5, 2022, Antigua and Barbuda’s High Court of Justice declared laws which criminalize consensual, private, same-sex intimacy between adults to be unconstitutional. With this landmark…

Jun 30, 2022

When is a Pollutant Not a Pollutant: Total Pollution Exclusions in Commercial General Liability Policies

On June 2, 2022, the SCC dismissed an application for leave to appeal from the Ontario Court of Appeal’s decision in Hemlow Estate v. Co-operators General Insurance…

Jun 17, 2022

The Road to Settlement is Paved with Admissible Communications

In a decision released earlier this year, the Ontario Court of Appeal affirmed that “without prejudice” communications are admissible to prove the existence of a settlement, even…

May 27, 2022

Court of Appeal Dismisses Class Action Over Expiring Airline Credits

The British Columbia Court of Appeal recently overturned a lower court decision certifying a class action relating to WestJet travel bank credits (“WTB Credits”) and dismissed the…

Apr 28, 2022

Extra-territoriality: When can a foreign court transfer title to land in Canada?

The Supreme Court of Canada has recently granted leave to appeal from the British Columbia Court of Appeal’s decision in Lanfer v Eilers, 2021 BCCA 241 (“Lanfer”). The Plaintiffs/Appellants, the…

Apr 18, 2022

WeirFoulds welcomes associate Seth Holland to the Labour and Employment Law Practice Group

WeirFoulds is pleased to welcome Seth Holland as an Associate to the firm’s Labour and Employment Law Practice Group. Seth practices in all areas of labour, employment,…

Apr 15, 2022

Unequal Treatment of Creditors: Paying a Supplier’s Pre-filing Debt in a Proposal Under the Bankruptcy and Insolvency Act

We were approached by a company to assist with its restructuring. Our client’s biggest problem was that its largest unsecured creditor was also its main supplier. Approximately…

Apr 6, 2022

Warning to Claimants: Immediate Disclosure Required

Litigants asserting claims in Ontario will want to take careful note of a recent decision of the Court of Appeal. In Tallman Truck Centre Limited v. K.S.P. Holdings…

Mar 17, 2022

Limitation Periods on Arbitration: If not Clarity, then Context

Arbitration can be a great alternative to litigation. It allows disputes to be resolved sooner, it can be less costly, and it may help the parties to…

Mar 3, 2022

Reflection on Half a Century in the Commercial Litigation Trenches: Part IV

Click here to read Part I, Part II and Part III. I ended the last chapter where I had just finished my two years in the Department of Justice in Ottawa. We…

Feb 25, 2022

WeirFoulds recognized in the 2022 Canadian Legal Lexpert Directory

WeirFoulds is pleased to announce that 30 of our lawyers have been recognized in 19 different practice areas in the 2022 Canadian Legal Lexpert Directory. Each lawyer was…

Feb 17, 2022

WeirFoulds Associate Claire McNevin discusses protections for adults without capacity with Lexpert Magazine

On February 16, 2021, Lexpert Magazine published an article authored by Claire McNevin, Associate in WeirFoulds’ Wills, Trusts and Estates and Commercial Litigation Practice Groups. In her…

WeirFoulds congratulates the winners of the 2022 Arnup Cup competition

WeirFoulds is proud to sponsor the Arnup Cup, an annual trial advocacy competition for Ontario law schools, organized by The Advocates’ Society. The competition took place on…

“We Have a Deal”: How Words and Actions Can Seal Your Fate in Commercial Transactions

The enforceability of commercial contracts does not exclusively depend on what has been reduced to a formal written document. In the recent decision of Ruparell v. J.H. Cochrane…

Feb 3, 2022

When It Comes to Insurance Clauses, Don’t Automatically Assume Assumption of Risk

Commercial contracts frequently include both indemnity and insurance clauses. An indemnity clause is a provision by which one party (the indemnifier) agrees to compensate another party for…

Feb 1, 2022

WeirFoulds Partner Philip Cho appointed to the Registrar’s Committee

WeirFoulds is pleased to share that Philip Cho’s nomination to the 2022 Registrar’s Committee was approved by Chief Justice Morawetz. The Registrar’s Committee is a sub-committee of…

Jan 21, 2022

COVID-19 and Business Interruption Claims: No Coverage Absent Direct Physical Damage

In two companion actions,[i] the Quebec Court of Appeal recently validated the Honourable Justice Davis’ findings that business interruption losses arising from the COVID-19 pandemic are not covered…

Jan 6, 2022

Cineworld v Cineplex: What does it mean to operate movie theatres in the ordinary course during a pandemic?

On December 14, 2021, the Honourable Justice Barbara Conway of the Ontario Superior Court of Justice – Commercial List rendered her decision in Cineplex v Cineworld, 2021 ONSC…

Jan 4, 2022

WeirFoulds welcomes 15 former associates to the partnership

WeirFoulds is pleased to announce that 15 of our former associates have joined the partnership effective January 1, 2022. Each of our newest additions to the partnership…

Dec 7, 2021

WeirFoulds Associate Agatha Wong discusses defamation in the digital age in article published by Lexpert Magazine

On December 6, 2021, Lexpert Magazine published an article authored by WeirFoulds associate Agatha Wong from our Commercial Litigation Practice Group. In the article, Agatha provides an…

Dec 2, 2021

Never Settle for Uncertainty

In a pair of recent decisions, Justices MacPherson, Simmons and Nordheimer of the Ontario Court of Appeal remind us that as with other commercial contracts, courts will…

Nov 25, 2021

WeirFoulds litigators recognized in 2021 Lexpert Special Edition – Litigation

Congratulations to our six litigators who have been recognized in the 2021 Lexpert Special Edition – Litigation. The publication features Lexpert-ranked lawyers who work in litigation in Canada…

Peter Jacobsen discusses the unwarranted inclusion of journalists in civil injunctions in The Globe and Mail

Peter Jacobsen, WeirFoulds Partner and expert litigator in our Media & Defamation Practice Group, authored an opinion piece in the November 24, 2021 issue of The Globe…

Nov 24, 2021

WeirFoulds recognized in Who’s Who Legal: Canada 2021

WeirFoulds is pleased to announce that the firm has once again been recognized in Who’s Who Legal: Canada. Since 1996 Who’s Who Legal has identified the foremost legal…

Nov 20, 2021

Irresponsible Comments and Extraordinary Remedies: A Review of the Ontario Superior Court of Justice’s Decision in Soliman v Bordman

Overview In Soliman v Bordman, 2021 ONSC 7023, Justice Perell of the Ontario Superior Court of Justice granted summary judgement against Daniel Bordman for making defamatory statements against Walied…

Nov 4, 2021

Never Really Over: The Supreme Court Revisits Publication Bans Post Judgment

In the immortal words of Katy Perry, “just because it’s over doesn’t mean it’s really over.” At least when it comes to publication bans. In its recent…

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Leave May Not Always Be Required to Appeal an Arbitral Costs Award

Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding

WeirFoulds recognized in the 2022 Canadian Legal Lexpert Directory

WeirFoulds congratulates the winners of the 2022 Arnup Cup competition

COVID-19 and Business Interruption Claims: No Coverage Absent Direct Physical Damage

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