“Arising out of”: Adding Another Definition to Your Contractual Terms Dictionary
In Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company,[1] the Ontario Court of Appeal analysed a common feature of insurance arrangements in development projects – the extension […]
Court of Appeal Decides Against Overruling its Prior Decisions on s. 7(6) of the Arbitration Act
In Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, 2020 ONCA 612, an appeal was brought from the order of a motion judge refusing to stay […]
Uber Arbitration Agreement not so Uber
Uber Arbitration Agreement not so Uber[1] In my April 16, 2018, blog,[2] I wrote about the Superior Court of Justice’s decision upholding the arbitration provisions in an Uber contract, and […]
Parties Must Check their Biases at the Door When Exercising Contractual Rights
In Elias Restaurant v Keele Sheppard Plaza Inc., 2020 ONSC 5457, Justice Morgan of the Ontario Superior Court of Justice commented on the racist overtones of the evidence adduced by […]
WeirFoulds welcomes six new associates
WeirFoulds is pleased to welcome back five of our former articling students as associates and welcome one new associate to the firm. They join WeirFoulds in the following practice groups: […]
WeirFoulds recognized in Chambers Canada Guide 2021
WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers for Business. In the 2021 edition, five of our partners are […]
WeirFoulds welcomes four new media and aviation lawyers
WeirFoulds is pleased to announce that Peter Jacobsen, Carlos Martins, Andrew MacDonald and Emma Romano have joined the firm effective September 1, 2020. They bring a wealth of knowledge and […]
The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption
In Grasshopper Solar Corporation v Independent Electricity System Operator,[1] the Court of Appeal agreed that a contractual party has a right to terminate a contract without paying damages if the […]
A Deal’s a Deal: The Enforcement of Settlements
A short decision from the Court of Appeal for Ontario in Neilas (799 College St) Inc. v Houston Engineering & Drafting Inc.,[1] released on August 6, 2020, suggests that litigants […]
Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)
In Atlantic Lottery Corporation Inc. v Babstock[1] released on July 24, 2020, the Supreme Court of Canada unanimously held that “waiver of tort” was not a cause of action, and […]
Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle
The recent decision of the Ontario Court of Appeal in Tran v Bloorston Farms Ltd., 2020 ONCA 440, provides a helpful explanation and clarification of the rule in Foss v […]
WeirFoulds Partner Marie-Andrée Vermette appointed VP, Association des juristes d’expression française de l’Ontario
WeirFoulds is pleased to announce that Marie-Andrée Vermette, Partner and Chair of the Commercial Litigation Practice Group, has been appointed Vice-President of the Association des juristes d’expression française de l’Ontario […]
The Bluberi Decision: “No” to Vote-Rigging and “Yes” to Litigation Funding
On May 8, 2020, the Supreme Court of Canada (“SCC”) released its decision in 9354-9186 Québec inc. v. Callidus Capital Corp.,[1] after hearing arguments on January 23, 2020. The appeal […]
“Automatic, Immediate and Ongoing”: The Court of Appeal Emphasizes the Fundamental Obligation of Litigants to Disclose Relevant Documents
The Ontario Court of Appeal recently upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial […]
Court of Appeal Confirms its Jurisdiction to Hear Appeals in Writing Over the Objection of a Party
In 4352238 Canada Inc. v SNC Lavalin Group Inc.,[1] the Ontario Court of Appeal gave notice that it is determined to proceed with appeals, where possible to do so, during […]