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 […]
Webinar Series: Beware of Boilerplate
The WeirFoulds Commercial Litigation Group presents a series of webinars based on a highly popular previous client seminar entitled “Beware of Boilerplate: What you need to know about common contract […]
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 […]
WeirFoulds welcomes Nadia Chiesa to the partnership
WeirFoulds is pleased to announce that Nadia Chiesa has joined the partnership effective January 1, 2020. Nadia joined the Commercial Litigation Practice Group as an associate in 2011, after working […]
Webinar: Beyond Boilerplate – Choice of Law and Choice of Jurisdiction Clauses
In this webinar, Nadia Chiesa and Kayla Theeuwen discuss how to transform boilerplate jurisdiction and choice of law clauses to reduce uncertainty and costs in litigation. They cover how to […]
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. […]
Webinar: Entire Agreement Clauses
In this webinar, John Buhlman and Megan Mah discuss the purpose, importance, and enforceability of entire agreement clauses. They also share some helpful drafting tips to consider when including an […]
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 […]
Webinar: Commercial Litigation Seminar – Pre-Litigation Positioning: Tips for Improving Your Case
Our commercial litigators discuss best practices for when litigation is anticipated, including tips to avoid litigation and/or to position your case in the best possible way for a litigation launch. […]
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 […]
Webinar: Arbitration Clauses
This webinar deals with general considerations with respect to proceeding to arbitration, the jurisdiction of the arbitrator, appeal rights, and the legislative framework for the enforceability of arbitration clauses in […]
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, […]