Is the Clock Ticking? The Court of Appeal Discusses Discoverability and the Application of Section 5(1)(a)(iv) of the Limitations Act, 2002
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
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?
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.
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
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 […]
Caroline Abela Receives 2018 Lexpert® Zenith Award Celebrating Mid-Career Excellence
WeirFoulds is pleased to announce that our partner, Caroline Abela, was selected as a 2018 Lexpert® Zenith Award winner. Winners of this award were selected based on achievement and notable contribution in […]
Libel Tourism and Forum Shopping: The Supreme Court of Canada Applies the Van Breda Test to an Internet Defamation Claim
In Haaretz.com v. Goldhar,[1] a decision released on June 6, 2018, the Supreme Court of Canada confronted the array of thorny analytical and practical issues raised by multijurisdictional defamation claims. […]
WeirFoulds Congratulates Caroline Abela on becoming Vice-Chair of the Estates Litigation Practice Group, The Advocates’ Society
WeirFoulds is pleased to announce that partner Caroline Abela has been appointed Vice-Chair of the Estates Litigation Practice Group, The Advocates’ Society (TAS). Caroline will hold the Vice-Chair position for […]
Al Formosa Discusses Credit for Employee Service When Companies Get Purchased with Law Times
WeirFoulds partner Albert Formosa discussed the need to clarify how employees are given credit for service under a new structure when a company gets purchased in “Credit for service clarified […]
An end to the enforcement saga? Yaiguaje v. Chevron Corporation and the Preservation of the Corporate Veil
In its recent decision in Yaiguaje v. Chevron Corporation, 2018 ONCA 472, the Court of Appeal clarifies the interpretation of the Execution Act, R.S.O., 1990, c. E.24, and reiterates the test for […]
WeirFoulds Lawyers Recognized in the 2018 Canadian Legal Lexpert® Directory
Glenn W. Ackerley, Raj Anand, Sandra Astolfo, Denise Baker, Lisa A. Borsook, Clare E. Burns, Jeff G. Cowan, M. Jill Dougherty, Lori M. Duffy, Robert Eberschlag, Bryan Finlay QC, Jordan Glick, Nikiforos Iatrou, James G. Kosa, Barnet H. Kussner, W. A. Derry Millar, J. Gregory Richards, Max […]
Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss
On April 30, 2018, the Court of Appeal for Ontario released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc., 2018 ONCA 407, reversing a decision granting summary judgment […]
The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process
Two decisions have been recently issued in respect of the claims brought by the investment management firm Catalyst Capital Group Inc. following its unsuccessful efforts to acquire WIND Mobile Inc. […]
Once Bitten, Twice Shy? Not so, says the Ontario Court of Appeal
In the April, 2017 case of Deslaurier Custom Cabinets v. 1728106 Ontario Inc., 2017 ONCA 293, the Ontario Court of Appeal had occasion to revisit an issue that it had previously […]