Transportation Notes: Air Passenger Rights Group Challenges CTA Statements on COVID-19 Vouchers
In the wake of travel restrictions and sweeping flight cancellations due to the COVID-19 pandemic, the Canadian Transportation Agency (“CTA”) issued two public statements on its website suggesting that it […]
Reflections on Half a Century in the Commercial Litigation Trenches – Part I
Articling Year I think that it is safe to say that I started my professional life as a commercial litigation lawyer the day I began my articles at the Fasken […]
WeirFoulds construction lawyers and law clerk talk to Daily Commercial News about COVID-19’s impact on litigation
In the October 30, 2020 article, “Legal Notes: Four ways COVID-19’s legacy will impact, contracts, litigation and labour” published by Daily Commercial News, WeirFoulds construction lawyers Faren Bogach and Kartiga […]
“Arising out of”: Adding Another Definition to Your Contractual Terms Dictionary
In Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company,[1] the Ontario Court of Appeal analysed a common feature of insurance arrangements in development projects – the extension […]
Court of Appeal Decides Against Overruling its Prior Decisions on s. 7(6) of the Arbitration Act
In Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, 2020 ONCA 612, an appeal was brought from the order of a motion judge refusing to stay […]
Uber Arbitration Agreement not so Uber
Uber Arbitration Agreement not so Uber[1] In my April 16, 2018, blog,[2] I wrote about the Superior Court of Justice’s decision upholding the arbitration provisions in an Uber contract, and […]
Parties Must Check their Biases at the Door When Exercising Contractual Rights
In Elias Restaurant v Keele Sheppard Plaza Inc., 2020 ONSC 5457, Justice Morgan of the Ontario Superior Court of Justice commented on the racist overtones of the evidence adduced by […]
WeirFoulds welcomes six new associates
WeirFoulds is pleased to welcome back five of our former articling students as associates and welcome one new associate to the firm. They join WeirFoulds in the following practice groups: […]
WeirFoulds recognized in Chambers Canada Guide 2021
WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers for Business. In the 2021 edition, five of our partners are […]
WeirFoulds welcomes four new media and aviation lawyers
WeirFoulds is pleased to announce that Peter Jacobsen, Carlos Martins, Andrew MacDonald and Emma Romano have joined the firm effective September 1, 2020. They bring a wealth of knowledge and […]
The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption
In Grasshopper Solar Corporation v Independent Electricity System Operator,[1] the Court of Appeal agreed that a contractual party has a right to terminate a contract without paying damages if the […]
A Deal’s a Deal: The Enforcement of Settlements
A short decision from the Court of Appeal for Ontario in Neilas (799 College St) Inc. v Houston Engineering & Drafting Inc.,[1] released on August 6, 2020, suggests that litigants […]
Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)
In Atlantic Lottery Corporation Inc. v Babstock[1] released on July 24, 2020, the Supreme Court of Canada unanimously held that “waiver of tort” was not a cause of action, and […]
Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle
The recent decision of the Ontario Court of Appeal in Tran v Bloorston Farms Ltd., 2020 ONCA 440, provides a helpful explanation and clarification of the rule in Foss v […]
WeirFoulds Partner Marie-Andrée Vermette appointed VP, Association des juristes d’expression française de l’Ontario
WeirFoulds is pleased to announce that Marie-Andrée Vermette, Partner and Chair of the Commercial Litigation Practice Group, has been appointed Vice-President of the Association des juristes d’expression française de l’Ontario […]