Court of Appeal Confirms its Jurisdiction to Hear Appeals in Writing Over the Objection of a Party
In 4352238 Canada Inc. v SNC Lavalin Group Inc.,[1] the Ontario Court of Appeal gave notice that it is determined to proceed with appeals, where possible to do so, during […]
Rectification on the Basis of Implied Terms and Business Efficacy
The Ontario Court of Appeal recently reviewed the law applicable to rectification claims and the interpretation of contracts in 2484234 Ontario Inc. v Hanley Park Developments Inc.[1] After applying contractual […]
Substance Over Form in the Enforcement of Franchisees’ Statutory Rescission Rights: the Anomalous Case of Notice by Pleading
In a decision released on March 23, 2020,[1] the Ontario Court of Appeal favoured substance over form in finding that a franchisee could properly discharge its obligation to give written […]
A New Cause of Action: The Supreme Court Expands the Scope of Corporate Liability for International Human Rights Violations
On February 28, 2020, the Supreme Court of Canada released its decision in Nevsun Resources Ltd. v Araya,[1] in which it held that a Canadian corporation could potentially be held […]
Appeal Dismissed: There Was No Other Explanation for the Fire, but There Was Also No Expert Evidence…
One would expect, when hiring a plumber, that the plumber will not cause a fire when using a blowtorch and solder. If a fire breaks out shortly after the plumber […]
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, […]