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 8016. Justice Conway […]
Government Liability in Negligence: The Supreme Court Weighs in on Core Policy Immunity
The Supreme Court of Canada’s recent decision in Nelson (City) v. Marchi, 2021 SCC 41 (“Marchi”), provides helpful guidance for municipalities and other government actors in assessing whether their actions and decisions […]
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 construe settlement agreements […]
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 Soliman, a prominent […]
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 decision Canadian Broadcasting Corp. […]
The Privy Council gives wings to the Black Swan: A welcome decision for litigants seeking to freeze assets and enforce foreign judgments
Offshore jurisdictions – otherwise known as international financial centres (“IFCs“) – have landed back on the front page of newspapers around the world. The Pandora Papers, the latest leak of […]
MDS Inc. v. Factory Mutual Insurance Company: Implications for COVID-19 Business Interruption Litigation
A recent Ontario Court of Appeal decision provides guidance for businesses and insurers involved in litigation about the inability to use machinery due to COVID-19 lockdowns. MDS Inc. v. Factory […]
Where to? Another Trip for Uber as the Heller v Uber Technologies Inc. Class Action Drives Ahead
Following the Supreme Court of Canada’s highly anticipated decision in Uber Technologies Inc. v Heller, 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice certified the class […]
Extreme Family Disfunction: Unintended Consequences in a Winding-Up Case
Some cases are noteworthy for the precedent they set. Others for the story they tell. Libfeld v. Libfeld 2020 ONSC 4670 has both. The Court has broad jurisdiction to intervene in the […]
Ch-ch-ch-changes: New Rules for Method of Attendance in Ontario Actions
Following the extensive civil rule changes that became effective January 1, 2021 to provide for more electronic court processes – in part a reaction to COVID-19 – further revisions have […]
Not So Fast: Contractual Rights May Be the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members
For insights into the Court of Appeal’s decision, check out our post “Contractual Rights as the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their […]
You Might Regret That Text: Text Messages and Limitation Periods in Ontario
While the legal profession is grounded in tradition and ceremony, COVID-19 has forced courts to acknowledge the reality of the increasingly virtual way that we do business. In 1475182 Ontario Inc. […]
The Court of Appeal Weighs in on Representation Orders in Small Claims Court: Kelava v. Spadacini
The Court of Appeal recently considered whether the Small Claims Court has jurisdiction to make a representation order and appoint a representative defendant for an unincorporated association. The Rights of Labour […]
If a debt is outstanding, but not enforceable in court… is it really a debt?
The classic pseudo-philosophical question of: If a tree falls in a forest when no one is around to hear it, does it make a sound? reveals a tension around the importance of […]
Expert Evidence: A Refresher from the Court of Appeal on the Key Roles of the Judge, Expert and Counsel
The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with expert evidence: 1. […]