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 […]
Commercial Litigation Insights: Landmark Victory for Underpaid Newcomers – Citizenship and Discrimination: L.N. v Ray Daniel Salon & Spa
The landmark decision of L.N. v. Ray Daniel Salon & Spa[1] was heard on October 26, 2023, before the Human Rights Tribunal of Ontario (“HRTO”). The application brought forward serious […]
Commercial Litigation Insights:Moffatt v Air Canada: Bot Betrayal and Negligent Misrepresentation
For the most part, waiting to speak to a human customer service representative has become a thing of the past. With the advent of artificial intelligence (“AI”), companies have been […]
Commercial Litigation Insights: Costs in Anti-SLAPP Applications: How much is too much?
Litigants involved in defamation proceedings will be familiar with anti-SLAPP[1] applications, a remedy available in Ontario to defendants under s. 137.1 of the Courts of Justice Act (CJA)[2] which can […]