Core Area: Litigation

Litigation & Dispute Resolution module

WeirFoulds Partner Marie-Andrée Vermette and Associates, Megan Mah, Anastasija Sumakova and Kayla Theeuwen are contributors to the Lexis Practice Advisor Canada, Litigation & Dispute Resolution module. The guide was developed to quickly and easily […]

“Umbrella Damages” Forecast for Canada: Cross Border Sellers Beware

WeirFoulds partner Nikiforos Iatrou and associate Kayla Theeuwen contributed to the Aug/Sept issue of Today’s General Counsel with their article, “‘Umbrella Damages’ Forecast for Canada: Cross-border sellers beware “. The article examines divergent views on the issue of whether umbrella purchasers have a cause of action at Canadian law, and, as a result, identifies that a storm of umbrella damage claims may be in the forecast.

With or Without Prejudice?

A recent court decision in Ontario reminds us of the significant implications when communications are characterized as having been made “without prejudice”. Such communications are generally precluded from being disclosed or referred to in any subsequent court proceedings. In contrast, no disclosure restrictions are imposed on communications falling outside the without prejudice classification. It is important for parties and their legal advisors to keep the distinction in mind at the time a communication is made.

21st Century Estate Practice: Shrunken heads and sperm

Hollywood’s vision of an estate solicitor sitting at their desk mulling fine points of tax law while sipping tea and drafting a will is so far from modern practice as to be laughable. One troubling issue for estate practitioners in the 21st century is the plethora of unique assets that have to be planned for, administered, and/or disposed of in a safe and permissible manner. An unscientific survey of our colleagues’ experiences yields some useful tips for dealing with unusual assets.

Keeping it in the Family: A Recipe for Trouble for Corporations, a Recipe for Disaster for Expert Witnesses

Closely held corporations do not operate pursuant to a different statute than widely held corporations. Generally speaking, all corporations created pursuant to the same business corporation statute whether controlled by a sole director, officer and shareholder, a 20-member board of directors or 100 shareholders pursuant to a Unanimous Shareholders’ Agreement have the same governance obligations and responsibilities.