Estopped by a Shared Assumption: The Court of Appeal Clarifies the Doctrine of Estoppel by Convention
On April 1, 2021, the Ontario Court of Appeal reviewed and clarified the equitable doctrine of estoppel by convention in its decision in Fram Elgin Mills 90 Inc. v Romandale Farms […]
Reflections on Half a Century in the Commercial Litigation Trenches: Part III
Click here to read Part I and Part II. The Department of Justice in Ottawa: With Peter Hogg’s “Constitutional Law of Canada” in hand, I was ready to continue my career as a […]
Rebel, Rebel, Your Case is a Mess: More on the Challenges of Anti—SLAPP Motions
In November 2015, amendments to Ontario’s Courts of Justice Act facilitated the early dismissal of “strategic lawsuits against public participation”. The aim was to prevent the censure and intimidation of persons expressing […]
The Rise of the Unregistered Priority Interest: Significant Priorities Cases in 2020
The significant priorities cases in 2020 arose in every imaginable context from the sale of residential properties to construction projects to remediating environmental damage. The overarching theme was that most […]
How Is the Sausage Made?: Public Access to Third Party Information in Government Records
The decision in Concord Premium Meats Ltd. v Canada (Food Inspection Agency), 2020 FC 1166, illustrates how Canadian freedom of information legislation balances the public right to access government records with the […]
Handle with Care: Joint Document Books in Civil Trials
Two cases that the Ontario Court of Appeal decided in the last year illustrate how much thought and care must go into preparing a Joint Document Book (JDB) for a […]
Fair is Fowl and Fowl is Fair: Implications of the Ontario Court of Appeal’s Decisions in Subway v CBC
The Ontario Court of Appeal recently released two decisions under Ontario’s anti-SLAPP (Strategic Litigation Against Public Participation) legislation: Subway Franchise Systems of Canada, Inc. v Canadian Broadcasting Corporation, 2021 ONCA 25 and Subway Franchise […]
Reflections on Half a Century in the Commercial Litigation Trenches: Part II
Click here to read Part I. Arnup Leaves and an Offer Is Made Shortly after I joined WeirFoulds, John Arnup left the firm for the Court of Appeal. I had […]
Appealing Forum Non Conveniens: Key Considerations
The recent decision of the Ontario Court of Appeal in GIAO Consultants Ltd. v 7779534 Canada Inc., 2020 ONCA 778 (“GIAO Consultants”) provides some key considerations for parties in forum non conveniens disputes. […]
Limitation Periods and COVID-19: Where Do Things Stand?
Courts across Canada shut down for a period of time in 2020 to respond to the COVID-19 pandemic. Several provinces and one territory suspended limitation periods in civil matters during […]
The Supreme Court of Canada Clarifies the Application of the Duty of Honest Performance in the Context of the Exercise of Unilateral Termination Clauses
On December 18, 2020, the Supreme Court of Canada released its decision in C.M. Callow Inc. v Zollinger,[1] in which it took the “opportunity to clarify what constitutes a breach […]
Seller Beware: Ontario Court of Appeal Confirms that a Purchaser’s Inspection does not always Relieve the Vendor of Liability for Misrepresentations
The general rule regarding the purchase of real property is that the purchaser must satisfy himself or herself of the suitability of the property he or she seeks to purchase […]
Rules Modernization in Ontario – O.Reg. 689/20
If there is a silver lining to the disruption caused by the coronavirus pandemic in the Ontario justice system, it is the modernization of the Court system which is generally […]
Supreme Court Clarifies the Law on the Duty of Care for Pure Economic Loss
A recent Supreme Court of Canada decision is a cautionary tale on the Court’s reluctance to award recovery in tort where parties fail to mitigate risks through contract. In 1688782 […]
Reflections on Half a Century in the Commercial Litigation Trenches – Part I
Articling Year I think that it is safe to say that I started my professional life as a commercial litigation lawyer the day I began my articles at the Fasken […]