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Searching Content indexed under Trials & Appeals & Compensation by Torkin Manes LLP ordered by Published Date Descending.
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1
Busting Sexual Assault Myths (Still)
It's been a long time since R. v. Seaboyer1 was released in 1991 but the myths just keep on coming up in sexual assault cases.
Canada
5 Dec 2019
2
Mother Awarded Costs After Father Tries (And Fails) To Play Hardball
Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisions that enforce the idea that court orders are...
Canada
2 Dec 2019
3
When Is A Structure Not A "Structure"? The Modern Approach To Statutory Interpretation
When Courts interpret statutes, they consider the "ordinary meaning" of the words used in the legislation. "Ordinary meaning" refers to the reader's initial impression of the language, the meaning that surfaces immediately.
Canada
26 Nov 2019
4
Does Summary Judgment By Agreement Require A Different Legal Test?
As civil trials become more expensive, Canadian Courts are looking for different ways to resolve parties' disputes. One of these mechanisms is the summary judgment motion.
Canada
25 Oct 2019
5
Loretta Merritt In The Law Times On The Recent Ruling In Ontario Court That A Cap On General Damages Does Not Apply To Sexual Abuse
The Ontario Superior Court has awarded general damages in excess of the cap in a sexual assault case, a first for the province, say lawyers.
Canada
27 Sep 2019
6
Not Your Standard "Standard-Form" Contract: The Interpretation Of Contracts On Appeal
Standard-form contracts are ubiquitous. From insurance to real estate, template agreements are the most common form of contractual obligation between Canadian consumers and the industries that affect their daily lives.
Canada
13 Aug 2019
7
Court Of Appeal Affirms "Cap" Of Twenty-Four Months Absent Exceptional Circumstances
On June 19, 2019, the Ontario Court of Appeal released a decision in Dawe v. Equitable Life Insurance Company of Canada.
Canada
1 Jul 2019
8
A Marriage Made In Limitations Heaven: Section 5(1)(a)(iv) Strikes Again
Both of these scenarios aim to avoid unnecessary litigation.
Canada
18 Jun 2019
9
Is Corporate Successor Liability A Dead Doctrine In Canada?
The American doctrine of successor liability has long been the source of fear for the parties to an asset purchase agreement.
Canada
25 Apr 2019
10
Defendant Knows Best: Reliance On An Expert's "Superior Knowledge" As A Basis For Postponing The Limitation Period
One of the ways a limitation period can now be postponed in Ontario occurs where a plaintiff relies on the "superior knowledge" of the defendant who is seeking to remedy the plaintiff's loss.
Canada
21 Feb 2019
11
The Irony Of Representing Yourself In Family Law Litigation: It Can Cost You More Than Hiring A Lawyer
There is no doubt the costs of family law litigation are simultaneously emotional and financial
Canada
22 Jan 2019
12
The Duty Of Honest Contractual Performance With Marco P. Falco - Torkin Manes LegalPoint Video (Video)
The Supreme Court of Canada has made major changes to the law of contract, of which all lawyers in Ontario ought to be aware. In the recent decision, Bhasin v. Hrynew, 2014 SCC 71,
Canada
10 Jan 2019
13
Call Off The Funeral Ontario Divisional Court Revives "True Questions Of Jurisdiction" In Judicial Review
Over the last decade, Canadian Courts have struggled with the issue of when to apply the less deferential standard of review of "correctness" in the review of administrative tribunal decisions.
Canada
2 Jan 2019
14
She Paid The Insurance Premiums For 13 years, But His New Spouse Got The Payout — Until The Court Intervened
An Ontario woman who paid life insurance premiums for 13 years on a policy on her former husband, only to discover that her ex had made his new spouse the irrevocable beneficiary
Canada
17 Dec 2018
15
‘Excruciating' Trial In Case That Lasted 17 Years Emblematic Of Troubles Plaguing Family Courts
On Nov. 19, 2018, Regional Senior Justice Peter Daley took an unprecedented step. Speaking to media, members of the profession and the public from the dais in the Brampton, Ont., courthouse,
Canada
30 Nov 2018
16
How Your Company Can Wind Up On The Hook For Your Support Obligations
A corporation is a separate legal entity, generally immune from the personal responsibilities of its shareholders. However, in rare circumstances ...
Canada
19 Nov 2018
17
The Supreme Court Of Canada Overturns The Federal Court Of Appeal Decision In Callidus Capital: Secured Lenders In Canada Can Breathe A Little Easier
Almost one year ago, in an article entitled "Are Forbearance Agreements on the Endangered Species List? The Effect of Canada v. Callidus Capital on Lender's Dealings with Insolvent Borrowers"...
Canada
16 Nov 2018
18
What Role Does "Fairness" Play In Statutory Interpretation?
British Columbia argued that it had no obligation to produce the Databases.
Canada
14 Nov 2018
19
Interference With Economic Relations: A Comparative Analysis Of American And Anglo-Canadian Approaches
Nothing leads to more confusion in common law than the scope of the tort of intentional interference with economic relations.
Canada
12 Nov 2018
20
The Problem with Class Actions for Historical Sexual Abuse Cases (October 2018)
In Ontario, class actions are governed by the Class Proceedings Act[1], (the "CPA"). Class actions allow an individual to advance a legal claim on behalf of two or more persons where common issues exist.
Canada
23 Oct 2018
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