Flexible Boundaries: The Scope of “Surrounding Circumstances” in Contract Interpretation
Modern contract interpretation requires a court to read the words used in a contract in a manner consistent with the “surrounding circumstances” known to the parties at the time of […]
Internal Communications with Law Firm Committees: Privileged?
In Lipson v Cassels Brock & Blackwell LLP, 2019 ONSC 5483, 148 O.R. (3d) 146, a class action by investors against a law firm, Justice Perell revisits the law of […]
Enforcing foreign judgments in Ontario: here comes the story of the hurricane
The tale of the fight between Antiguan company HMB Holdings Limited (“HMB“) and the Government of Antigua and Barbuda enters a new decade and continues in the Great White North. […]
Contractual Rights as the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members
While voluntary associations usually deal with their members in an informal and non-legalistic manner, a recent decision of the Court of Appeal for Ontario is a good reminder that members […]
Multi-Jurisdictional Class Actions – Court Clarifies the Doctrine of Abuse of Process
In DALI 675 Pension Fund v SNC Lavalin, 2019 ONSC 6512, the Ontario Superior Court provided guidance about the court’s ability to stay a class action at the pre-certification stage. […]
Innocent Vendors, Mitigating Damages, and Crediting Deposits: Clarifying the Rules
The Ontario Court of Appeal has recently clarified the rules when a vendor relists a property and sells it at a loss following the original purchaser’s default. Questions were answered […]
Significant Changes to Rule 76 Simplified Procedure Actions Are Here
Amendments to Rule 76 of the Rules of Civil Procedure were filed on October 23, 2019. These amendments, effective January 1, 2020, will see major changes to how litigation is […]
The Ontario Court of Appeal Refuses to Strike a Claim in Negligence for Premature Commercialization
The principles set out in the decision of the Supreme Court of Canada in Deloitte & Touche v Livent Inc. (Receiver of) (“Livent”)[1] are frequently relied upon in motions to […]
The Arbitrator’s Right to be Unreasonable or Incorrect
It was for the arbitrator, not the court, to interpret and apply the substantive provisions of the [agreement], and it is of no moment whether the arbitrator did so reasonably […]
Ulterior Motive? The Court Probably Doesn’t Care (And May Order Costs)
Litigants (and their lawyers) often develop theories regarding a party’s underlying motivation in a legal dispute. While these theories sometimes provide useful insight into a party’s strategy or settlement position, […]
Rolling Limitation Periods: What Resets the Clock?
What will establish a “rolling” limitation period? In other words, why does the limitation clock start over again in one case, but not another? The Ontario Court of Appeal casts […]
Court of Appeal Criticizes Trial Judge’s Conduct
In R. v. Ibrahim, 2019 ONCA 631, the Ontario Court of Appeal (Rouleau, Trotter and Zarnett JJ.A.) criticized the deportment of the trial judge in a criminal jury trial. While […]
Security for Costs on Appeal: A “How To” Guide
A motion for security for costs can be a powerful tool in a litigator’s arsenal to ensure a client is not left with an unenforceable costs order after defending a […]
The Standard of Appellate Review for Standard Form Contracts versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525
The SFC Story Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation (“SFC”). Between 2003 and 2011, SFC’s consolidated financial statements […]
Court of Appeal Refuses Leave to Appeal Costs Award Which Overshadowed Amount in Issue
In Knight v Knight, 2019 ONCA 538, the Court of Appeal released Reasons for Decision refusing to grant leave to appeal from an award of costs of $490,000 plus HST […]