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 […]
WeirFoulds’ Gregory Richards to receive Catzman Award for Professionalism and Civility
WeirFoulds is pleased to announce that Gregory Richards, counsel and former managing partner and chair of the Partnership, has been selected as the 2019 recipient of the Catzman Award for […]
Court of Appeal Refuses Leave to Appeal Costs Award Which Overshadowed Amount in Issue
In Knight v Knight, 2019 ONCA 538, the Court of Appeal released Reasons for Decision refusing to grant leave to appeal from an award of costs of $490,000 plus HST […]
WeirFoulds lawyers appointed to The Advocates’ Society Practice Groups and Standing Committee for 2019-2020
WeirFoulds is pleased to announce that a number of our lawyers have been appointed to The Advocates’ Society’s Practice Groups and Standing Committee for the 2019-2020 year. Caroline Abela, Partner, […]
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] […]
WeirFoulds congratulates Partner Frank Walwyn on receiving a 2019 Law Society Medal
WeirFoulds is thrilled to announce that Partner Frank Walwyn has been awarded a 2019 Law Society Medal (“LSM”) from the Law Society of Ontario. Frank was presented with the Medal alongside […]