WeirFoulds, partners recognized in Chambers Canada Guide 2023
WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers. In the 2023 edition, five of our partners have been recognized […]
Ontario Court of Appeal Addresses Use of Fresh Evidence in Obtaining a Declaration that Judgment Debt Survives Bankruptcy
In a recent decision, the Ontario Court of Appeal approved the use of “fresh” evidence in obtaining a declaration that a judgment debt for statutory breach of trust survives bankruptcy. […]
Constitutional Challenge Litigated by WeirFoulds LLP Strikes Down Anti-LGBT Laws in St. Kitts and Nevis
On August 29, 2022, the High Court of Justice in the Federation of Saint Christopher and Nevis (St. Kitts and Nevis) declared laws criminalizing consensual, private acts of same-sex intimacy […]
WeirFoulds welcomes Associates Cassie Chaloux and Michael Ding
WeirFoulds is pleased to welcome two associates to the firm in the following practice areas: Cassie Chaloux – Construction Cassie is an associate in our Construction Law Practice Group. Prior […]
Modernizing Oral Examinations: Changes Are Coming to Rule 34
The Ontario Civil Rules Committee has issued a consultation paper and is seeking input on potential changes to Rule 34 of the Rules of Civil Procedure, RRO 1990, Reg 194, […]
Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding
Earlier this year, the Ontario Superior Court of Justice released its decision in Obsidian Group Inc. v. Google LL, 2022 ONSC 84, in which Justice Morgan reviewed the principles governing […]
Canadian vs. U.S. Defamation Trials: What if Depp v. Heard Took Place in Canada?
The Depp-Heard trial, which dominated headlines for weeks, culminated in a decision awarding Johnny Depp $15 million for his lawsuit and Amber Heard $2 million for her countersuit. The media […]
WeirFoulds celebrates successful challenge to anti-LGBTQ laws in Antigua and Barbuda
On July 5, 2022, Antigua and Barbuda’s High Court of Justice declared laws which criminalize consensual, private, same-sex intimacy between adults to be unconstitutional. With this landmark decision, Antigua and […]
When is a Pollutant Not a Pollutant: Total Pollution Exclusions in Commercial General Liability Policies
On June 2, 2022, the SCC dismissed an application for leave to appeal from the Ontario Court of Appeal’s decision in Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA […]
The Road to Settlement is Paved with Admissible Communications
In a decision released earlier this year, the Ontario Court of Appeal affirmed that “without prejudice” communications are admissible to prove the existence of a settlement, even where those communications […]
Court of Appeal Dismisses Class Action Over Expiring Airline Credits
The British Columbia Court of Appeal recently overturned a lower court decision certifying a class action relating to WestJet travel bank credits (“WTB Credits”) and dismissed the case. The Court […]
A Deal’s a Deal: Court of Appeal Reaffirms That Setting Aside Contractual Provisions on Public Policy Grounds Should Be Done Sparingly
The Ontario Court of Appeal recently considered a case where a defendant corporation argued it should not be required to pay a debt owed to a long-standing business partner. The […]
Extra-territoriality: When can a foreign court transfer title to land in Canada?
The Supreme Court of Canada has recently granted leave to appeal from the British Columbia Court of Appeal’s decision in Lanfer v Eilers, 2021 BCCA 241 (“Lanfer”). The Plaintiffs/Appellants, the Lanfers, sought to […]
WeirFoulds welcomes associate Seth Holland to the Labour and Employment Law Practice Group
WeirFoulds is pleased to welcome Seth Holland as an Associate to the firm’s Labour and Employment Law Practice Group. Seth practices in all areas of labour, employment, and human rights […]
Unequal Treatment of Creditors: Paying a Supplier’s Pre-filing Debt in a Proposal Under the Bankruptcy and Insolvency Act
We were approached by a company to assist with its restructuring. Our client’s biggest problem was that its largest unsecured creditor was also its main supplier. Approximately 80% of the […]