Corporate Attribution and Knowing Assistance: Active Participation Required
The Supreme Court of Canada recently weighed in on the doctrines of knowing assistance and corporate attribution when it overturned the majority decision of the Ontario Court of Appeal in […]
“Just Friends” or Something More? Court Finds Shareholders in Closely-Held Corporation Were Dealing at Arm’s Length
In 1085372 Ontario Limited v. Kulawick, 2019 ONSC 2344, the Honourable Justice Penny dismissed an action to set aside a transaction under s. 96(1) of the Bankruptcy and Insolvency Act[1] […]
Motions for Partial Summary Judgment: Further Commentary from the Court of Appeal after Butera
In its 2017 decision in Butera v. Chown, Cairns LLP,[1] the Ontario Court of Appeal discussed the problems associated with partial summary judgment motions.[2] Specifically, the Court cautioned that partial […]
It’s a Small World After All: Obtaining Evidence from Persons Outside Ontario
In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in Ontario, or key […]
The Final Skirmish in the Trillium Class Action: Class Counsel’s Charge With Respect to Fees and Disbursements Trumps GM’s Prior Perfected Security Interest
One of the few Ontario class actions to proceed through trial to judgment and subsequent appeals, the Trillium Motor World Ltd. (“Trillium”) v. General Motors of Canada Company (“GM”) and […]
The Anti-SLAPP Sequel: Updates from the Court of Appeal on s. 137.1 of the Courts of Justice Act
On August 30, 2018, the Ontario Court of Appeal released six unanimous decisions, providing the first appellate interpretation of s. 137.1 of the Courts of Justice Act (the “Act”), introduced […]
Promises to Repair and Limitation Periods: Extending the Time to Sue
A recent decision of the Court of Appeal shows that a defendant’s promise to fix a problem may extend the time limit for bringing a proceeding under Ontario’s Limitations Act, […]
The Independence of Expert Witnesses – Part II
This article continues the discussion in “The Independence of Expert Witnesses”, which was published on April 2, 2018. Now that we have some case law applying White Burgess Langille Inman […]
A Refresher on Discoverability Principles
Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the Limitations Act, 2002:[i] 5. (1) A claim […]
The Civil Trial in Ontario: The Culture Shift from the “Sport of Kings” Towards the “One Judge Model”
Effective February 1, 2019, the Ontario Superior Court of Justice will implement the Provincial Civil Case Management Pilot – One Judge Model (the “Pilot”). Civil litigants may apply to participate […]
Foiled by Fonts: How Expert Evidence on Fonts Demonstrated Trusts Were Shams
The Ontario Superior Court of Justice recently reviewed the indicia of a sham trust in McGoey (Re).[1] Gerald McGoey, an undischarged bankrupt, and his wife, Kathryn McGoey, claimed to be […]
What is the Reasonable Apportionment of Fault? The Case of the CNRL Emulsion Pipeline Failure
In Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305, the Alberta Court of Appeal very recently dealt with an appeal arising from […]
Here One Minute, Gone the Next: BC Court of Appeal Overturns Chambers Judge’s Decision to Grant Leave to Appeal an Arbitral Award in Richmont Mines Inc. v. Teck Resources Limited
In its recent decision in Richmont Mines Inc. v. Teck Resources Limited, the British Columbia Court of Appeal emphasized the strict limits on the availability of appeal for arbitral awards.[i] […]
Start Shredding: The Ultimate Limitation Period Is About to Extinguish Claims
The Limitations Act, 2002 (“Act”) has been in force since January 1, 2004. However, section 15 of the Act, which establishes an ultimate limitation period of fifteen years, has not […]
Contracts with Arbitration and Jurisdictional Clauses: Are They in Conflict?
Contracts often contain both mandatory arbitration clauses and jurisdictional clauses that specify which courts have jurisdiction. These clauses need to be drafted carefully so that there is no conflict and […]