Commercial Litigation Insights: From Banks to Blockchain: Could Exchanges in Receipt of Stolen Digital Assets be Liable as Constructive Trustees?
The lines between banks and cryptocurrency exchanges are blurring as an increasing number of digital transactions intersect between traditional and decentralized finance. Major payment processors are incorporating blockchain technology into […]
Commercial Litigation Insights: Revised Airline Liability Limits under Montreal Convention Take Effect on December 28, 2024
Airlines operating international routes to and from Canada are governed by the idiosyncratic set of liability rules set out in the Montreal Convention[1], which is incorporated into the domestic law […]
Commercial Litigation Insights: The Court of Appeal Rules Against a Purchaser’s Unilateral Withholding of Payment
Buyers should be careful about withholding part of the purchase price when disputing a seller’s compliance with the terms of an option. In 1785192 Ontario Inc v Ontario H Limited […]
Commercial Litigation Insights: Power of Sale vs. Receivership: A Comparative Guide
Both a power of sale and a receivership can be used by mortgagees to sell land to recover unpaid debts. However, that is where the similarities end. These are very […]
Commercial Litigation Insights: Navigating the Caribbean Waters: Enforcing Canadian Judgments and Arbitral Awards in the Caribbean
The enforcement of Canadian judgments and arbitral awards in the Caribbean[1] can be increasingly complex due to varying local laws and recognition protocols. As the English jurist Lord Nicholls of […]
Commercial Litigation Insights: Vexatious Litigant Proceedings Reformulated
On August 2, 2024 , O.Reg. 322/24 made numerous changes to the Rules of Civil Procedure (“RCP”) and prescribed forms to establish a new framework for vexatious litigant proceedings under […]
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. […]
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 […]
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 […]
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 […]