You Might Regret That Text: Text Messages and Limitation Periods in Ontario
While the legal profession is grounded in tradition and ceremony, COVID-19 has forced courts to acknowledge the reality of the increasingly virtual way that we do business. In 1475182 Ontario Inc. […]
The Court of Appeal Weighs in on Representation Orders in Small Claims Court: Kelava v. Spadacini
The Court of Appeal recently considered whether the Small Claims Court has jurisdiction to make a representation order and appoint a representative defendant for an unincorporated association. The Rights of Labour […]
If a debt is outstanding, but not enforceable in court… is it really a debt?
The classic pseudo-philosophical question of: If a tree falls in a forest when no one is around to hear it, does it make a sound? reveals a tension around the importance of […]
Expert Evidence: A Refresher from the Court of Appeal on the Key Roles of the Judge, Expert and Counsel
The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with expert evidence: 1. […]
Estopped by a Shared Assumption: The Court of Appeal Clarifies the Doctrine of Estoppel by Convention
On April 1, 2021, the Ontario Court of Appeal reviewed and clarified the equitable doctrine of estoppel by convention in its decision in Fram Elgin Mills 90 Inc. v Romandale Farms […]
WeirFoulds recognized in the 2021 Canadian Legal Lexpert Directory
WeirFoulds is pleased to announce that 28 of our lawyers have been recognized in 17 different practice areas in the 2021 Canadian Legal Lexpert Directory. Each lawyer was selected based […]
Reflections on Half a Century in the Commercial Litigation Trenches: Part III
Click here to read Part I and Part II. The Department of Justice in Ottawa: With Peter Hogg’s “Constitutional Law of Canada” in hand, I was ready to continue my career as a […]
Rebel, Rebel, Your Case is a Mess: More on the Challenges of Anti—SLAPP Motions
In November 2015, amendments to Ontario’s Courts of Justice Act facilitated the early dismissal of “strategic lawsuits against public participation”. The aim was to prevent the censure and intimidation of persons expressing […]
The Rise of the Unregistered Priority Interest: Significant Priorities Cases in 2020
The significant priorities cases in 2020 arose in every imaginable context from the sale of residential properties to construction projects to remediating environmental damage. The overarching theme was that most […]
WeirFoulds welcomes two new associates
WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Alyssa Clutterbuck – Municipal Law Alyssa is an associate in the Municipal Law Practice […]
How Is the Sausage Made?: Public Access to Third Party Information in Government Records
The decision in Concord Premium Meats Ltd. v Canada (Food Inspection Agency), 2020 FC 1166, illustrates how Canadian freedom of information legislation balances the public right to access government records with the […]
WeirFoulds’ Marie-Andrée Vermette appointed as Judge of the Superior Court of Justice of Ontario
WeirFoulds is delighted to announce that former Partner Marie-Andrée Vermette has been appointed as Judge of the Superior Court of Justice of Ontario (Toronto). The Honourable David Lametti, Minister of […]
WeirFoulds welcomes three new associates
WeirFoulds is pleased to welcome three new associates to the firm in the following practice areas: Dara W. Azari – Securities Law Dara is an associate in WeirFoulds’ Securities Practice […]
Handle with Care: Joint Document Books in Civil Trials
Two cases that the Ontario Court of Appeal decided in the last year illustrate how much thought and care must go into preparing a Joint Document Book (JDB) for a […]
Fair is Fowl and Fowl is Fair: Implications of the Ontario Court of Appeal’s Decisions in Subway v CBC
The Ontario Court of Appeal recently released two decisions under Ontario’s anti-SLAPP (Strategic Litigation Against Public Participation) legislation: Subway Franchise Systems of Canada, Inc. v Canadian Broadcasting Corporation, 2021 ONCA 25 and Subway Franchise […]