Three’s Company or Three’s a Crowd? Recent Guidance from the Courts on Third-Party Funding of Litigation
Overview Third-party funding of litigation is a relatively new phenomenon in Canada. Under this type of funding arrangement, a third-party lender agrees to advance funds to a litigant, subject to […]
Saving Face: Minority Shareholder Estée Lauder Granted Interim Relief in Oppression Application Against Deciem Beauty Group
Toronto-based cosmetics company Deciem Beauty Group Inc. (“Deciem”) has been in the headlines following two recent decisions of the Commercial List,[1] in which the Ontario Superior Court of Justice granted […]
All that Glisters is Not Tolled, but is the Story Fully Told?
On October 10th, 2018 the Ontario Court of Appeal released its decision dismissing the appeal in the case of National Money Mart Company v 24 Gold Group Ltd., 2018 ONCA […]
When the Deal Goes South: Deposits, Unconscionability, and Relief from Forfeiture
Recent cases from the Ontario Court of Appeal address issues regarding deposits in failed purchase and sale transactions. An examination of these cases provides guidance regarding the circumstances in which […]
Misnomers and Misdescriptions: The “Litigation Finger Test” to the Rescue!
In the last month, the Court of Appeal decided two cases based on the “litigation finger test”.[1] The litigation finger test can assist a plaintiff in cases of misdescription or misnomer of […]
Government “Policy” Decisions Do Not Always Trump Judicial Review
A change in government and its policies can impact business dramatically, and often with unintended consequences. In some cases, the result is intended. In matters of a commercial nature that […]
Anti-SLAPP Legislation Tested at the Court of Appeal
On August 30, 2018, the Ontario Court of Appeal released six unanimous decisions that address Ontario’s “anti-SLAPP” legislation.[1] SLAPPs – Strategic Lawsuits Against Public Participation – are actions brought to […]
Is the Clock Ticking? The Court of Appeal Discusses Discoverability and the Application of Section 5(1)(a)(iv) of the Limitations Act, 2002
In Gillham v. Lake of Bays (Township), 2018 ONCA 667, a case about the discoverability of claims for damages arising out of construction deficiencies, the Court of Appeal confirmed that […]
Out of time: The Court of Appeal Discusses When a Claim is “Discovered” Within the Meaning of the Limitations Act, 2002
When does the limitation clock start ticking? The answer is not always clear, particularly when a claimant’s damages are yet to be quantified. In Davies v. Davies Smith Developments Partnership, […]
International Commercial Arbitration Awards: When Does an Arbitration Award Become Binding?
A bad beginning makes a bad ending. – Aeolus, fragment 32 And so the saying went for Mr. Popack and Mr. Lipszyc, the parties in the recent decision of the […]
The Court of Appeal Addresses Various Aspects of Appellate Review in Di Gregorio v Sunwing Vacations Inc.
In Di Gregorio v Sunwing Vacations Inc.[1], the Court of Appeal allowed an appeal from the decision of a motion judge dismissing the appellants’ claim based on a foreign limitation […]
Partial Settlements and Other Litigation Agreements in Multi-Party Actions: The Peril of Non-Disclosure
A recent decision of the Ontario Court of Appeal provides a stark reminder that when a partial settlement or other litigation agreement is reached in multi-party litigation, a critical step […]