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 […]
What is the Reasonable Apportionment of Fault? The Case of the CNRL Emulsion Pipeline Failure
In Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305, the Alberta Court of Appeal very recently dealt with an appeal arising from […]
WeirFoulds welcomes three new associates
WeirFoulds is pleased to announce that F. Philip Carpenter, Caroline Garrod, and Brian Kuchar have joined the firm as associates in two different practice groups. Below is a brief background […]
Here One Minute, Gone the Next: BC Court of Appeal Overturns Chambers Judge’s Decision to Grant Leave to Appeal an Arbitral Award in Richmont Mines Inc. v. Teck Resources Limited
In its recent decision in Richmont Mines Inc. v. Teck Resources Limited, the British Columbia Court of Appeal emphasized the strict limits on the availability of appeal for arbitral awards.[i] […]
WeirFoulds partners ranked in 2019 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Once again, WeirFoulds congratulates Glenn W. Ackerley, Lisa A. Borsook, and Bryan Finlay on their inclusion in the Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada for 2019. […]
Start Shredding: The Ultimate Limitation Period Is About to Extinguish Claims
The Limitations Act, 2002 (“Act”) has been in force since January 1, 2004. However, section 15 of the Act, which establishes an ultimate limitation period of fifteen years, has not […]
WeirFoulds partners listed in the Lexpert Special Edition – Litigation
WeirFoulds is pleased to announce that Bryan Finlay QC, Derry Millar, Greg Richards and Frank Walwyn are recognized in the 2018 Lexpert® Special Edition – Canada’s Leading Litigation Lawyers. Bryan […]
Contracts with Arbitration and Jurisdictional Clauses: Are They in Conflict?
Contracts often contain both mandatory arbitration clauses and jurisdictional clauses that specify which courts have jurisdiction. These clauses need to be drafted carefully so that there is no conflict and […]
Three’s Company or Three’s a Crowd? Recent Guidance from the Courts on Third-Party Funding of Litigation
Overview Third-party funding of litigation is a relatively new phenomenon in Canada. Under this type of funding arrangement, a third-party lender agrees to advance funds to a litigant, subject to […]