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Estoppel by Convention: The Ontario Court of Appeal’s Latest Take on a Relatively Rare Form of Estoppel and the Implications for Contracting Parties

Canada - August 31 2020 The question often arises in contractual disputes as to whether a party is entitled to rely on the strict terms of the contract in circumstances…

Simon Dugas

A Mareva Injunction Refresher: Can a Strong Prima Facie Case of Fraud Alone Support an Inference of Asset Dissipation and/or Disposal Risk?

Canada - October 9 2019 In 1985, the Supreme Court of Canada decided Aetna Financial Services Ltd. v. Feigelman. The Court adopted the Ontario Court of Appeal decision in…

Codie Mitchell, Dennis M. O'Leary

What's Fair When Terminating a Commercial Lease? The Court of Appeal's Diverging Views in Bennett Law Chambers Professional Corporation v. Camcentre Holdings Inc., 2022 ONCA 658

Canada - September 27 2022 On September 22, 2022, the Ontario Court of Appeal revisited the interpretation of termination notice provisions under commercial leases in Bennett…

Simon Dugas

Shareholder Claims for a Diminution of Share Value: The Ontario Court of Appeal Revisits the Limits of the Rule in Foss v. Harbottle

Canada - July 24 2020 The rule in Foss v. Harbottle is well established in Ontario law. It normally prevents shareholders from claiming a loss in…

Matthew Patterson

Increases Are Coming to the Monetary Jurisdictions of the Small Claims Court and for Rule 76 Simplified Procedure Actions Effective January 1, 2020

Canada - October 28 2019 A recent announcement by the Ontario Ministry of Attorney General has advised that, effective January 1, 2020…

Stephanie D'Amico