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Searching Content indexed under Litigation, Mediation & Arbitration by WeirFoulds LLP ordered by Published Date Descending.
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1
Innocent Vendors, Mitigating Damages, And Crediting Deposits: Clarifying The Rules
The Ontario Court of Appeal has recently clarified the rules when a vendor relists a property and sells it at a loss following the original purchaser's default.
Canada
8 Nov 2019
2
The Ontario Court Of Appeal Refuses To Strike A Claim In Negligence For Premature Commercialization
The principles set out in the decision of the Supreme Court of Canada in Deloitte & Touche v Livent Inc. (Receiver of) ("Livent")
Canada
25 Oct 2019
3
Significant Changes To Rule 76 Simplified Procedure Actions Are Here
Amendments to Rule 76 of the Rules of Civil Procedure were filed on October 23, 2019. These amendments, effective January 1, 2020
Canada
24 Oct 2019
4
The Arbitrator's Right To Be Unreasonable Or Incorrect
It was for the arbitrator, not the court, to interpret and apply the substantive provisions of the [agreement], and it is of no moment whether the arbitrator did so reasonably or unreasonably, correctly or incorrectly.
Canada
20 Sep 2019
5
Ulterior Motive? The Court Probably Doesn't Care (And May Order Costs)
Litigants (and their lawyers) often develop theories regarding a party's underlying motivation in a legal dispute.
Canada
28 Aug 2019
6
Rolling Limitation Periods: What Resets The Clock?
What will establish a "rolling" limitation period? In other words, why does the limitation clock start over again in one case, but not another?
Canada
8 Aug 2019
7
An Employee's Retirement Plans Do Not Determine The Reasonable Notice Period
On May 23, 2019, G.T. Trotter J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Dawe v The Equitable Life Insurance Company of Canada, overturning the 2018 decision of the Ontario Superior Court.
Canada
8 Aug 2019
8
Court of Appeal Criticizes Trial Judge's Conduct
While the issues about the trial judge's demeanour in this case arose in the context of a criminal trial, the comments of the Court of Appeal have broader application, and are relevant to almost all areas of litigation, including commercial litigation.
Canada
2 Aug 2019
9
Security For Costs On Appeal: A "How To" Guide
A motion for security for costs can be a powerful tool in a litigator's arsenal to ensure a client is not left with an unenforceable costs order after defending a costly court battle.
Canada
18 Jul 2019
10
The Standard Of Appellate Review For Standard Form Contracts Versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525
Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation ("SFC").
Canada
9 Jul 2019
11
Court Of Appeal Refuses Leave To Appeal Costs Award Which Overshadowed Amount In Issue
In Knight v Knight, 2019 ONCA 538, the Court of Appeal released Reasons for Decision refusing to grant leave to appeal from an award of costs of $490,000 plus HST following a 13-day trial arising out of ...
Canada
9 Jul 2019
12
It's A Small World After All: Obtaining Evidence From Persons Outside Ontario
In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in Ontario,
Canada
9 Jul 2019
13
Corporate Attribution And Knowing Assistance: Active Participation Required
The Supreme Court of Canada recently weighed in on the doctrines of knowing assistance and corporate attribution when it overturned the majority decision of the Ontario Court of Appeal...
Canada
20 Jun 2019
14
"Just Friends" Or Something More? Court Finds Shareholders In Closely-Held Corporation Were Dealing At Arm's Length
In 1085372 Ontario Limited v. Kulawick, 2019 ONSC 2344, the Honourable Justice Penny dismissed an action to set aside a transaction under s.
Canada
19 Jun 2019
15
The Application Of Rule 49 Cost Consequences In Expropriation Cases: Shergar v Windsor
When land is expropriated, the owner whose land is taken is entitled to be compensated for the fair market value of the land taken, the damage to the remainder of the land if only part of the land was taken, as well as other "disturbance
Canada
12 Jun 2019
16
Motions For Partial Summary Judgment: Further Commentary From The Court Of Appeal After Butera
The plaintiff sued the defendants for professional negligence. The tax lawyer moved for summary judgment of the claims against him.
Canada
20 May 2019
17
It's A Small World After All: Obtaining Evidence From Persons Outside Ontario
In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in Ontario,
Canada
16 May 2019
18
Key Takeaways From One Of Canada's Largest Subrogation Trial Judgments
On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. ("ISH").
Canada
14 May 2019
19
The Final Skirmish In The Trillium Class Action: Class Counsel's Charge With Respect To Fees And Disbursements Trumps GM's Prior Perfected Security Interest
Having become a secured creditor, GM then sought to put Trillium into bankruptcy and to collect on the Costs Award in priority to class counsel.
Canada
25 Apr 2019
20
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, introduced by Ontario's "anti-SLAPP" legislation.
Canada
25 Mar 2019
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