WeirFoulds welcomes Associate Phil Wallner to the Commercial Litigation Practice Group
WeirFoulds is pleased to welcome Phil Wallner as an Associate to the firm’s Commercial Litigation Practice Group. Phil has extensive experience in dispute resolution matters relevant to large property owners, […]
Suing the Crown in Ontario: Special Rules Apply
Any party planning to sue the provincial Crown in Ontario should carefully review the Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17 (“CLPA”). The Court of […]
Court of Appeal Clarifies Scope of the Tort of Intrusion Upon Seclusion in Cases of Data Breaches
On November 25, 2022, the Ontario Court of Appeal released a trilogy of decisions (Owsianik v Equifax Canada Co., 2022 ONCA 813, Obodo v TransUnion of Canada, Inc., 2022 ONCA 814, and Winder […]
Supreme Court of Canada: Arbitration agreements may be inoperative where ‘chaotic arbitral processes’ would compromise resolution of a receivership
The Supreme Court of Canada’s (“SCC“) recent decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River“), clarified whether, and in what circumstances, a contractual agreement to arbitrate should […]
Five WeirFoulds lawyers recognized in 2022 Lexpert Special Edition – Litigation
We congratulate the five WeirFoulds litigators who have been recognized in the 2022 Lexpert Special Edition – Litigation. The publication profiles Lexpert-ranked lawyers who practice in several areas of business-related […]
Ontario Court of Appeal Doubles Down on Entire Agreement Clauses Not Precluding Misrepresentation Allegations
In 10443204 Canada Inc v 2701835 Ontario Inc, 2022 ONCA 745, the Ontario Court of Appeal (the “Court”) overturned a summary judgment decision where the motions judge elected to enforce […]
Multiple WeirFoulds lawyers recognized in Who’s Who Legal: Canada 2022
WeirFoulds is pleased to announce that twelve of the firm’s lawyers have once again been recognized in Who’s Who Legal: Canada. Since 1996 Who’s Who Legal has identified the foremost […]
Interpreting Efforts Clauses in a Commercial Contract
Canadian courts have gone to great lengths to assign distinct, differing meanings to efforts clauses. The terms “best efforts”, “commercially reasonable efforts”, and “commercially reasonable best efforts” (together, “efforts clauses”) […]
Open Access: The Federal Court’s Pilot Project for Online Access to Court Records
On September 12, 2022, the Federal Court introduced Phase One of its pilot project to provide the public and litigants with online electronic access to Court records.[1] The Courts are […]
Leave May Not Always Be Required to Appeal an Arbitral Costs Award
Parties to commercial transactions often choose arbitration over litigation. While litigation offers a more structured process, arbitration provides both parties with a tailored, more private, faster and often less expensive […]
WeirFoulds, partners recognized in Chambers Canada Guide 2023
WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers. In the 2023 edition, five of our partners have been recognized […]
Ontario Court of Appeal Addresses Use of Fresh Evidence in Obtaining a Declaration that Judgment Debt Survives Bankruptcy
In a recent decision, the Ontario Court of Appeal approved the use of “fresh” evidence in obtaining a declaration that a judgment debt for statutory breach of trust survives bankruptcy. […]
Constitutional Challenge Litigated by WeirFoulds LLP Strikes Down Anti-LGBT Laws in St. Kitts and Nevis
On August 29, 2022, the High Court of Justice in the Federation of Saint Christopher and Nevis (St. Kitts and Nevis) declared laws criminalizing consensual, private acts of same-sex intimacy […]
WeirFoulds welcomes Associates Cassie Chaloux and Michael Ding
WeirFoulds is pleased to welcome two associates to the firm in the following practice areas: Cassie Chaloux – Construction Cassie is an associate in our Construction Law Practice Group. Prior […]
Modernizing Oral Examinations: Changes Are Coming to Rule 34
The Ontario Civil Rules Committee has issued a consultation paper and is seeking input on potential changes to Rule 34 of the Rules of Civil Procedure, RRO 1990, Reg 194, […]