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 […]
Rectification on the Basis of Implied Terms and Business Efficacy
The Ontario Court of Appeal recently reviewed the law applicable to rectification claims and the interpretation of contracts in 2484234 Ontario Inc. v Hanley Park Developments Inc.[1] After applying contractual […]
Ontario E-Hearings Task Force co-chaired by WeirFoulds partner publishes Best Practices for Remote Hearings
In March 2020, The Advocates’ Society, the Ontario Bar Association, the Federation of Ontario Law Associations, and the Ontario Trial Lawyers Association established an E-Hearings Task Force (the “Task Force”) […]
Substance Over Form in the Enforcement of Franchisees’ Statutory Rescission Rights: the Anomalous Case of Notice by Pleading
In a decision released on March 23, 2020,[1] the Ontario Court of Appeal favoured substance over form in finding that a franchisee could properly discharge its obligation to give written […]
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 […]