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, […]
40 lawyers from WeirFoulds recognized in Best Lawyers in Canada 2020
WeirFoulds congratulates 40 of our lawyers on being recognized in the 2020 edition of Best Lawyers in Canada. We have proudly earned 63 rankings in 23 specialty areas – a […]
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 […]