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 […]
Beyond borders: Where in the world is… Kayla Theeuwen?
WeirFoulds Associate Kayla Theeuwen has packed her bags and jetted off to Jamaica. No, not for a client matter – this trip is different from the ones she has been […]
WeirFoulds Partner Frank Walwyn will speak at the OECS Bar Association’s Regional Law Conference in St. Kitts
WeirFoulds Partner Frank Walwyn will speak at the OECS Bar Association’s 15th Regional Law Conference in St. Kitts, which runs from September 14-16, 2018. The theme of this year’s conference […]
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 […]
WeirFoulds welcomes four new associates
WeirFoulds is pleased to announce that four new associates have joined our team of lawyers this month after summering and articling at the firm. We are excited to welcome back […]
WeirFoulds Partner Recognized as Leading Lawyer in 2018 Lexpert Special Edition – Energy
WeirFoulds is pleased to announce that Partner, Robert Warren, is listed in the 2018 Lexpert® Special Edition – Energy, as a leading lawyer in the category. Robert is one of […]
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 […]
WeirFoulds is listed in the Canadian Lawyer Inhouse Top 10 Ontario Regional Firms
WeirFoulds LLP is delighted to announce that we have been listed in the Top 10 Ontario Regional Firms feature in the July/August edition of Canadian Lawyer Inhouse magazine as determined […]
WeirFoulds Congratulates 34 Lawyers for their Recognition in the 2019 Edition of Best Lawyers in Canada
WeirFoulds is pleased to announce that 34 of our lawyers have been listed in the 2019 edition of Best Lawyers® in Canada. Included in this list are Partners Clare Burns […]
Is the Clock Ticking? The Court of Appeal Discusses Discoverability and the Application of Section 5(1)(a)(iv) of the Limitations Act, 2002
![Court of Appeal Discoverability Application of Section 5(1)(a)(iv) Limitations Act, 2002, Caitlin Steven, WeirFoulds LLP](https://www.weirfoulds.com/assets/uploads/Gavel-LinkedIn-scaled.jpg.webp)
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 […]
Out of time: The Court of Appeal Discusses When a Claim is “Discovered” Within the Meaning of the Limitations Act, 2002
![Ontario Court of Appeal Affirms Dismissal of Action Against Auditors Because of Failure to Prove Damages](https://www.weirfoulds.com/assets/uploads/Scales_LinkedIn-scaled.jpg.webp)
When does the limitation clock start ticking? The answer is not always clear, particularly when a claimant’s damages are yet to be quantified. In Davies v. Davies Smith Developments Partnership, […]
International Commercial Arbitration Awards: When Does an Arbitration Award Become Binding?
![Commercial Arbitration Awards](https://www.weirfoulds.com/assets/uploads/Handshake_LinkedIn.jpg.webp)
A bad beginning makes a bad ending. – Aeolus, fragment 32 And so the saying went for Mr. Popack and Mr. Lipszyc, the parties in the recent decision of the […]
The Court of Appeal Addresses Various Aspects of Appellate Review in Di Gregorio v Sunwing Vacations Inc.
![Courthouse](https://www.weirfoulds.com/assets/uploads/Courthouse-LinkedIn-scaled.jpg.webp)
In Di Gregorio v Sunwing Vacations Inc.[1], the Court of Appeal allowed an appeal from the decision of a motion judge dismissing the appellants’ claim based on a foreign limitation […]
Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada
![Subrogation & Recovery](https://www.weirfoulds.com/assets/uploads/iStock-621135374-LinkedIn.jpg.webp)
In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal recently examined whether there was a bar to subrogation in a commercial lease. […]
Partial Settlements and Other Litigation Agreements in Multi-Party Actions: The Peril of Non-Disclosure
A recent decision of the Ontario Court of Appeal provides a stark reminder that when a partial settlement or other litigation agreement is reached in multi-party litigation, a critical step […]