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 […]
Ulterior Motive? The Court Probably Doesn’t Care (And May Order Costs)
Litigants (and their lawyers) often develop theories regarding a party’s underlying motivation in a legal dispute. While these theories sometimes provide useful insight into a party’s strategy or settlement position, […]
Rolling Limitation Periods: What Resets the Clock?
What will establish a “rolling” limitation period? In other words, why does the limitation clock start over again in one case, but not another? The Ontario Court of Appeal casts […]
Court of Appeal Criticizes Trial Judge’s Conduct
In R. v. Ibrahim, 2019 ONCA 631, the Ontario Court of Appeal (Rouleau, Trotter and Zarnett JJ.A.) criticized the deportment of the trial judge in a criminal jury trial. While […]
Security for Costs on Appeal: A “How To” Guide
A motion for security for costs can be a powerful tool in a litigator’s arsenal to ensure a client is not left with an unenforceable costs order after defending a […]
The Standard of Appellate Review for Standard Form Contracts versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525
The SFC Story Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation (“SFC”). Between 2003 and 2011, SFC’s consolidated financial statements […]
Court of Appeal Refuses Leave to Appeal Costs Award Which Overshadowed Amount in Issue
In Knight v Knight, 2019 ONCA 538, the Court of Appeal released Reasons for Decision refusing to grant leave to appeal from an award of costs of $490,000 plus HST […]
Corporate Attribution and Knowing Assistance: Active Participation Required
The Supreme Court of Canada recently weighed in on the doctrines of knowing assistance and corporate attribution when it overturned the majority decision of the Ontario Court of Appeal in […]
“Just Friends” or Something More? Court Finds Shareholders in Closely-Held Corporation Were Dealing at Arm’s Length
In 1085372 Ontario Limited v. Kulawick, 2019 ONSC 2344, the Honourable Justice Penny dismissed an action to set aside a transaction under s. 96(1) of the Bankruptcy and Insolvency Act[1] […]
Motions for Partial Summary Judgment: Further Commentary from the Court of Appeal after Butera
In its 2017 decision in Butera v. Chown, Cairns LLP,[1] the Ontario Court of Appeal discussed the problems associated with partial summary judgment motions.[2] Specifically, the Court cautioned that partial […]
It’s a Small World After All: Obtaining Evidence from Persons Outside Ontario
In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in Ontario, or key […]
The Final Skirmish in the Trillium Class Action: Class Counsel’s Charge With Respect to Fees and Disbursements Trumps GM’s Prior Perfected Security Interest
One of the few Ontario class actions to proceed through trial to judgment and subsequent appeals, the Trillium Motor World Ltd. (“Trillium”) v. General Motors of Canada Company (“GM”) and […]
The Anti-SLAPP Sequel: Updates from the Court of Appeal on s. 137.1 of the Courts of Justice Act
On August 30, 2018, the Ontario Court of Appeal released six unanimous decisions, providing the first appellate interpretation of s. 137.1 of the Courts of Justice Act (the “Act”), introduced […]
Promises to Repair and Limitation Periods: Extending the Time to Sue
A recent decision of the Court of Appeal shows that a defendant’s promise to fix a problem may extend the time limit for bringing a proceeding under Ontario’s Limitations Act, […]
The Independence of Expert Witnesses – Part II
This article continues the discussion in “The Independence of Expert Witnesses”, which was published on April 2, 2018. Now that we have some case law applying White Burgess Langille Inman […]