“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] […]
WeirFoulds congratulates Partner Frank Walwyn on receiving a 2019 Law Society Medal
WeirFoulds is thrilled to announce that Partner Frank Walwyn has been awarded a 2019 Law Society Medal (“LSM”) from the Law Society of Ontario. Frank was presented with the Medal alongside […]
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 […]
WeirFoulds recognized in the 2019 Canadian Legal Lexpert Directory
WeirFoulds is pleased to announce that 22 of our lawyers have been recognized in 14 different practice areas in the 2019 Canadian Legal Lexpert Directory. Each lawyer was selected based […]
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 […]
Key Takeaways from One of Canada’s Largest Subrogation Trial Judgments
Background On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. (“ISH”). The leak occurred at ISH’s Desan Field, located in Northern B.C. The ensuing investigation revealed […]
Class Actions in Ontario: Update and Recent Developments
Partner Marie-Andrée Vermette discusses recent developments in class actions in Ontario. Click here to read the paper published in Volume 455 – Colloque national sur l’action collective : développements récents au […]
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 […]
WeirFoulds Partner Frank Walwyn to receive a 2019 Law Society Medal
WeirFoulds is pleased to announce that Frank Walwyn has been selected by the Law Society of Ontario as a recipient of a 2019 Law Society Medal (LSM). The highest honour […]
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 […]
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 […]