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 […]
Warning to Claimants: Immediate Disclosure Required
Litigants asserting claims in Ontario will want to take careful note of a recent decision of the Court of Appeal. In Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66 (“Tallman”) […]
Limitation Periods on Arbitration: If not Clarity, then Context
Arbitration can be a great alternative to litigation. It allows disputes to be resolved sooner, it can be less costly, and it may help the parties to a dispute keep […]
Reflection on Half a Century in the Commercial Litigation Trenches: Part IV
Click here to read Part I, Part II and Part III. I ended the last chapter where I had just finished my two years in the Department of Justice in Ottawa. We returned to Toronto […]
“We Have a Deal”: How Words and Actions Can Seal Your Fate in Commercial Transactions
The enforceability of commercial contracts does not exclusively depend on what has been reduced to a formal written document. In the recent decision of Ruparell v. J.H. Cochrane Investments Inc., 2021 ONCA […]
When It Comes to Insurance Clauses, Don’t Automatically Assume Assumption of Risk
Commercial contracts frequently include both indemnity and insurance clauses. An indemnity clause is a provision by which one party (the indemnifier) agrees to compensate another party for financial losses or […]
COVID-19 and Business Interruption Claims: No Coverage Absent Direct Physical Damage
In two companion actions,[i] the Quebec Court of Appeal recently validated the Honourable Justice Davis’ findings that business interruption losses arising from the COVID-19 pandemic are not covered losses in the […]
Cineworld v Cineplex: What does it mean to operate movie theatres in the ordinary course during a pandemic?
On December 14, 2021, the Honourable Justice Barbara Conway of the Ontario Superior Court of Justice – Commercial List rendered her decision in Cineplex v Cineworld, 2021 ONSC 8016. Justice Conway […]
Government Liability in Negligence: The Supreme Court Weighs in on Core Policy Immunity
The Supreme Court of Canada’s recent decision in Nelson (City) v. Marchi, 2021 SCC 41 (“Marchi”), provides helpful guidance for municipalities and other government actors in assessing whether their actions and decisions […]
Never Settle for Uncertainty
In a pair of recent decisions, Justices MacPherson, Simmons and Nordheimer of the Ontario Court of Appeal remind us that as with other commercial contracts, courts will construe settlement agreements […]
Irresponsible Comments and Extraordinary Remedies: A Review of the Ontario Superior Court of Justice’s Decision in Soliman v Bordman
Overview In Soliman v Bordman, 2021 ONSC 7023, Justice Perell of the Ontario Superior Court of Justice granted summary judgement against Daniel Bordman for making defamatory statements against Walied Soliman, a prominent […]
Never Really Over: The Supreme Court Revisits Publication Bans Post Judgment
In the immortal words of Katy Perry, “just because it’s over doesn’t mean it’s really over.” At least when it comes to publication bans. In its recent decision Canadian Broadcasting Corp. […]
The Privy Council gives wings to the Black Swan: A welcome decision for litigants seeking to freeze assets and enforce foreign judgments
Offshore jurisdictions – otherwise known as international financial centres (“IFCs“) – have landed back on the front page of newspapers around the world. The Pandora Papers, the latest leak of […]
MDS Inc. v. Factory Mutual Insurance Company: Implications for COVID-19 Business Interruption Litigation
A recent Ontario Court of Appeal decision provides guidance for businesses and insurers involved in litigation about the inability to use machinery due to COVID-19 lockdowns. MDS Inc. v. Factory […]
Where to? Another Trip for Uber as the Heller v Uber Technologies Inc. Class Action Drives Ahead
Following the Supreme Court of Canada’s highly anticipated decision in Uber Technologies Inc. v Heller, 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice certified the class […]