Commercial Litigation Insights: Settlement Privilege and the Limits of ‘With Prejudice’ Communications in Ontario
During a litigious dispute, parties often have strategic reasons to send communications on a ‘with prejudice’ basis – i.e. with the intention of later relying on those communications in court. […]
Troubled Waters Ahead? Key Tips for Employers to Navigate Internal Risk
Join members of the WeirFoulds Employment & Labour Law and Commercial Litigation teams as they discuss key issues facing employers and identify practical tips to effectively navigate and mitigate internal […]
Commercial Litigation Insights: Navigating Legal and Ethical Duties in Business Partnerships
In a recent decision by the Ontario Court of Appeal, 7868073 Canada Ltd v 1841978 Ontario Inc, 2024 ONCA 371 (“786”), the Court emphasizes the importance of honouring contractual agreements, […]
Commercial Litigation Insights: They’re ba-ack! Everything you need to know about administrative dismissals in Ontario
Administrative dismissals of civil actions have resumed in Ontario, after being suspended since the COVID-19 pandemic. Starting May 13, 2024, any actions not set down for trial that were commenced […]
Commercial Litigation Insights: A Fair Shake: The Court of Appeal’s Treatment of Sophisticated Parties’ Bargains
The Court of Appeal’s decision in 660 Sunningdale GP Inc. v First Source Mortgage Corporation, 2024 ONCA 252 [Sunningdale] reaffirms that in general, sophisticated commercial parties to a contract will […]
A Cheat Sheet for Commercial Litigators: Key Procedural Differences Between Lien Actions and Other Actions
As a commercial litigator in Ontario, it is more than likely that a construction dispute will come across your desk. While there are many nuances to lien actions that are […]
Commercial Litigation Insights: Preserving Efficiency and Finality: Court of Appeal Clarifies Scope of “Fraud” in Arbitration
Arbitration offers contracting parties a typically faster and more cost-effective dispute resolution alternative to traditional court proceedings. While the Arbitration Act, 1991, SO 1991, c 17 limits court interference in […]
WeirFoulds Partners Benjamin Bathgate and Jessica Stansfield comment on jury’s Mango Markets decision in Bloomberg Law
Partner Benjamin Bathgate, Chair of WeirFoulds’ Commercial Litigation Practice Group, and Partner Jessica Stansfield were quoted in an article written by Matthew Bultman for Bloomberg Law on April 22nd, 2024. The article overviews the Mango […]
Rule of Law ‘1’, Code is Law ‘0’: Eisenberg Convicted in Mango Markets Criminal Trial after He Shies Away from Testifying
In the fateful words of Assistant U.S. Attorney Thomas Burnett: “Just because something is possible doesn’t make it legal”.[1] After an eight-day criminal trial in the U.S. District Court for […]
WeirFoulds welcomes Bota McNamara back to the firm’s Caribbean and Commercial Litigation Practice Groups
WeirFoulds is pleased to announce that Bota McNamara has re-joined the firm as a Partner in the Caribbean and Commercial Litigation Practice Groups. Bota has over 20 years of experience […]
Commercial Litigation Insights: Difficult, but not Impossible: Court Orders Non-Party Production from a Lawyer in Sheeraz v Seathi et al.
Rule 30.10 is a very powerful evidence-gathering tool. It empowers the Court to order a non-party to produce documents in their possession, power, or control that are relevant to ongoing […]
Commercial Litigation Insights: Landmark Victory for Underpaid Newcomers – Citizenship and Discrimination: L.N. v Ray Daniel Salon & Spa
The landmark decision of L.N. v. Ray Daniel Salon & Spa[1] was heard on October 26, 2023, before the Human Rights Tribunal of Ontario (“HRTO”). The application brought forward serious […]
Commercial Litigation Insights:Moffatt v Air Canada: Bot Betrayal and Negligent Misrepresentation
For the most part, waiting to speak to a human customer service representative has become a thing of the past. With the advent of artificial intelligence (“AI”), companies have been […]
WeirFoulds recognized in the 2024 Canadian Legal Lexpert Directory
WeirFoulds is pleased to announce that 27 of our lawyers have been recognized across 17 different practice areas in the 2024 Canadian Legal Lexpert Directory. Each lawyer was selected based […]
Commercial Litigation Insights: Costs in Anti-SLAPP Applications: How much is too much?
Litigants involved in defamation proceedings will be familiar with anti-SLAPP[1] applications, a remedy available in Ontario to defendants under s. 137.1 of the Courts of Justice Act (CJA)[2] which can […]