WeirFoulds welcomes four new media and aviation lawyers
WeirFoulds is pleased to announce that Peter Jacobsen, Carlos Martins, Andrew MacDonald and Emma Romano have joined the firm effective September 1, 2020. They bring a wealth of knowledge and […]
The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption
In Grasshopper Solar Corporation v Independent Electricity System Operator,[1] the Court of Appeal agreed that a contractual party has a right to terminate a contract without paying damages if the […]
A Deal’s a Deal: The Enforcement of Settlements
A short decision from the Court of Appeal for Ontario in Neilas (799 College St) Inc. v Houston Engineering & Drafting Inc.,[1] released on August 6, 2020, suggests that litigants […]
Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)
In Atlantic Lottery Corporation Inc. v Babstock[1] released on July 24, 2020, the Supreme Court of Canada unanimously held that “waiver of tort” was not a cause of action, and […]
Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle
The recent decision of the Ontario Court of Appeal in Tran v Bloorston Farms Ltd., 2020 ONCA 440, provides a helpful explanation and clarification of the rule in Foss v […]
Clare Burns top-ranked in Chambers High Net Worth Guide for third consecutive year
WeirFoulds is pleased to announce that Clare Burns, Partner, trusts and estates, has been ranked for a third consecutive year in the top band of the Private Wealth Disputes – Canada […]
WeirFoulds Partner Marie-Andrée Vermette appointed VP, Association des juristes d’expression française de l’Ontario
WeirFoulds is pleased to announce that Marie-Andrée Vermette, Partner and Chair of the Commercial Litigation Practice Group, has been appointed Vice-President of the Association des juristes d’expression française de l’Ontario […]
The Bluberi Decision: “No” to Vote-Rigging and “Yes” to Litigation Funding
On May 8, 2020, the Supreme Court of Canada (“SCC”) released its decision in 9354-9186 Québec inc. v. Callidus Capital Corp.,[1] after hearing arguments on January 23, 2020. The appeal […]
WeirFoulds Partner Caroline Abela elected as a Director of The Advocates’ Society
WeirFoulds is pleased to announce that Partner Caroline Abela has been elected as a Director of The Advocates’ Society. Caroline continues WeirFoulds’ long-standing history of its litigation partners serving as […]
“Automatic, Immediate and Ongoing”: The Court of Appeal Emphasizes the Fundamental Obligation of Litigants to Disclose Relevant Documents
The Ontario Court of Appeal recently upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial […]
Court of Appeal Confirms its Jurisdiction to Hear Appeals in Writing Over the Objection of a Party
In 4352238 Canada Inc. v SNC Lavalin Group Inc.,[1] the Ontario Court of Appeal gave notice that it is determined to proceed with appeals, where possible to do so, during […]
Rectification on the Basis of Implied Terms and Business Efficacy
The Ontario Court of Appeal recently reviewed the law applicable to rectification claims and the interpretation of contracts in 2484234 Ontario Inc. v Hanley Park Developments Inc.[1] After applying contractual […]
Ontario E-Hearings Task Force co-chaired by WeirFoulds partner publishes Best Practices for Remote Hearings
In March 2020, The Advocates’ Society, the Ontario Bar Association, the Federation of Ontario Law Associations, and the Ontario Trial Lawyers Association established an E-Hearings Task Force (the “Task Force”) […]
Arbitrator rules part-time university professors are hired under fixed-term employment contracts and are not eligible for ESA 6% vacation pay benefit
Co-author David Bolger is a Special Advisor, Legal Counsel at the University of Ottawa. University of Ottawa and the Association of Part-Time Professors of the University of Ottawa (2020 CanLII […]
How “Non-Essential” Businesses can Manage Ontario’s Business Restrictions during COVID-19
On March 24, 2020, the Province of Ontario declared a state of emergency under the Emergency Management and Civil Protection Act[1] in response to the COVID-19 pandemic. During this state […]