Flexible Boundaries: The Scope of “Surrounding Circumstances” in Contract Interpretation
Modern contract interpretation requires a court to read the words used in a contract in a manner consistent with the “surrounding circumstances” known to the parties at the time of […]
Contractual Rights as the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members
While voluntary associations usually deal with their members in an informal and non-legalistic manner, a recent decision of the Court of Appeal for Ontario is a good reminder that members […]
WeirFoulds welcomes Nadia Chiesa to the partnership
WeirFoulds is pleased to announce that Nadia Chiesa has joined the partnership effective January 1, 2020. Nadia joined the Commercial Litigation Practice Group as an associate in 2011, after working […]
WeirFoulds lawyers ranked in 2020 Lexpert ALM Guide to the Leading 500 Lawyers in Canada
WeirFoulds is pleased to announce that Glenn Ackerley, Lisa Borsook, and Bryan Finlay, QC, have been listed once again in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in […]
The Caribbean Court of Justice and Appealing to Accession
The debate surrounding the accession to a final appellate court for the Caribbean Region rather than to the Judicial Committee of the Privy Council (“Privy Council” or “JCPC“) has evolved […]
WeirFoulds lawyers among Canada’s leading litigation lawyers in 2019 Lexpert Special Edition
WeirFoulds is pleased to announce that Bryan Finlay QC, Derry Millar and Frank Walwyn have been recognized in the 2019 Lexpert Special Edition – Canada’s Leading Litigation Lawyers. Bryan Finlay […]
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. […]
Enhancing Security of Pensions in Insolvency Proceedings: Amendments to BIA and CCAA to Take Effect in November
On November 1, 2019, several amendments to the Bankruptcy and Insolvency Act (the BIA) and the Companies Creditors’ Arrangement Act (the CCAA) will take effect. Previously, our colleagues reported on […]
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 […]
Congratulations to Gregory Richards, 2019 Catzman Award recipient
WeirFoulds is pleased to announce that Gregory Richards, counsel and former managing partner and chair of the Partnership, was awarded the 2019 Catzman Award for Professionalism and Civility at the […]
Clare Burns top-ranked once again in Chambers High Net Worth Guide
WeirFoulds is pleased to announce that Clare Burns, Partner, trusts and estates, has been ranked for a second consecutive year in the top band of the Private Wealth Disputes – […]