Ontario Litigation Update: COVID-19
COVID-19 is impacting all aspects of life including Ontario’s Courts. Thanks to the hard work, and responsiveness of the various justices, court staff, legislators, and other stakeholders – in a […]
Protecting Limitation Periods During COVID-19
The last two weeks have been unprecedented for every person and business in Canada. Courts across Canada have been shutting down many of their operations in order to respond to […]
A New Cause of Action: The Supreme Court Expands the Scope of Corporate Liability for International Human Rights Violations
On February 28, 2020, the Supreme Court of Canada released its decision in Nevsun Resources Ltd. v Araya,[1] in which it held that a Canadian corporation could potentially be held […]
WeirFoulds’ Gregory Richards to receive the OBA’s 2020 Joel Kuchar Award
WeirFoulds is pleased to announce that Gregory Richards, counsel, and former managing partner and chair of the partnership, will be awarded the 2020 Joel Kuchar Award for Professionalism and Civility […]
Appeal Dismissed: There Was No Other Explanation for the Fire, but There Was Also No Expert Evidence…
One would expect, when hiring a plumber, that the plumber will not cause a fire when using a blowtorch and solder. If a fire breaks out shortly after the plumber […]
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 […]
Internal Communications with Law Firm Committees: Privileged?
In Lipson v Cassels Brock & Blackwell LLP, 2019 ONSC 5483, 148 O.R. (3d) 146, a class action by investors against a law firm, Justice Perell revisits the law of […]
Webinar Series: Beware of Boilerplate
The WeirFoulds Commercial Litigation Group presents a series of webinars based on a highly popular previous client seminar entitled “Beware of Boilerplate: What you need to know about common contract […]
Enforcing foreign judgments in Ontario: here comes the story of the hurricane
The tale of the fight between Antiguan company HMB Holdings Limited (“HMB“) and the Government of Antigua and Barbuda enters a new decade and continues in the Great White North. […]
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 […]
Webinar: Beyond Boilerplate – Choice of Law and Choice of Jurisdiction Clauses
In this webinar, Nadia Chiesa and Kayla Theeuwen discuss how to transform boilerplate jurisdiction and choice of law clauses to reduce uncertainty and costs in litigation. They cover how to […]
Multi-Jurisdictional Class Actions – Court Clarifies the Doctrine of Abuse of Process
In DALI 675 Pension Fund v SNC Lavalin, 2019 ONSC 6512, the Ontario Superior Court provided guidance about the court’s ability to stay a class action at the pre-certification stage. […]
Webinar: Entire Agreement Clauses
In this webinar, John Buhlman and Megan Mah discuss the purpose, importance, and enforceability of entire agreement clauses. They also share some helpful drafting tips to consider when including an […]
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 […]