A Refresher on Discoverability Principles
Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the Limitations Act, 2002:[i] 5. (1) A claim […]
The Civil Trial in Ontario: The Culture Shift from the “Sport of Kings” Towards the “One Judge Model”
Effective February 1, 2019, the Ontario Superior Court of Justice will implement the Provincial Civil Case Management Pilot – One Judge Model (the “Pilot”). Civil litigants may apply to participate […]
Foiled by Fonts: How Expert Evidence on Fonts Demonstrated Trusts Were Shams
The Ontario Superior Court of Justice recently reviewed the indicia of a sham trust in McGoey (Re).[1] Gerald McGoey, an undischarged bankrupt, and his wife, Kathryn McGoey, claimed to be […]
What is the Reasonable Apportionment of Fault? The Case of the CNRL Emulsion Pipeline Failure
In Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305, the Alberta Court of Appeal very recently dealt with an appeal arising from […]
Here One Minute, Gone the Next: BC Court of Appeal Overturns Chambers Judge’s Decision to Grant Leave to Appeal an Arbitral Award in Richmont Mines Inc. v. Teck Resources Limited
In its recent decision in Richmont Mines Inc. v. Teck Resources Limited, the British Columbia Court of Appeal emphasized the strict limits on the availability of appeal for arbitral awards.[i] […]
Start Shredding: The Ultimate Limitation Period Is About to Extinguish Claims
The Limitations Act, 2002 (“Act”) has been in force since January 1, 2004. However, section 15 of the Act, which establishes an ultimate limitation period of fifteen years, has not […]
Contracts with Arbitration and Jurisdictional Clauses: Are They in Conflict?
Contracts often contain both mandatory arbitration clauses and jurisdictional clauses that specify which courts have jurisdiction. These clauses need to be drafted carefully so that there is no conflict and […]
Three’s Company or Three’s a Crowd? Recent Guidance from the Courts on Third-Party Funding of Litigation
Overview Third-party funding of litigation is a relatively new phenomenon in Canada. Under this type of funding arrangement, a third-party lender agrees to advance funds to a litigant, subject to […]
Saving Face: Minority Shareholder Estée Lauder Granted Interim Relief in Oppression Application Against Deciem Beauty Group
Toronto-based cosmetics company Deciem Beauty Group Inc. (“Deciem”) has been in the headlines following two recent decisions of the Commercial List,[1] in which the Ontario Superior Court of Justice granted […]
All that Glisters is Not Tolled, but is the Story Fully Told?
On October 10th, 2018 the Ontario Court of Appeal released its decision dismissing the appeal in the case of National Money Mart Company v 24 Gold Group Ltd., 2018 ONCA […]
When the Deal Goes South: Deposits, Unconscionability, and Relief from Forfeiture
Recent cases from the Ontario Court of Appeal address issues regarding deposits in failed purchase and sale transactions. An examination of these cases provides guidance regarding the circumstances in which […]
Misnomers and Misdescriptions: The “Litigation Finger Test” to the Rescue!
In the last month, the Court of Appeal decided two cases based on the “litigation finger test”.[1] The litigation finger test can assist a plaintiff in cases of misdescription or misnomer of […]
Government “Policy” Decisions Do Not Always Trump Judicial Review
A change in government and its policies can impact business dramatically, and often with unintended consequences. In some cases, the result is intended. In matters of a commercial nature that […]
Anti-SLAPP Legislation Tested at the Court of Appeal
On August 30, 2018, the Ontario Court of Appeal released six unanimous decisions that address Ontario’s “anti-SLAPP” legislation.[1] SLAPPs – Strategic Lawsuits Against Public Participation – are actions brought to […]
Is the Clock Ticking? The Court of Appeal Discusses Discoverability and the Application of Section 5(1)(a)(iv) of the Limitations Act, 2002
In Gillham v. Lake of Bays (Township), 2018 ONCA 667, a case about the discoverability of claims for damages arising out of construction deficiencies, the Court of Appeal confirmed that […]