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Commercial Litigation Insights Blog

Articles: 1-10 of 95

When is a Pollutant Not a Pollutant: Total Pollution Exclusions in Commercial General Liability Policies

Canada - June 28 2022 On June 2, 2022, the SCC dismissed an application for leave to appeal from the Ontario Court of Appeal’s decision in Hemlow Estate v. Co-operators…

The Road to Settlement is Paved with Admissible Communications

Canada - June 14 2022 In a decision released earlier this year, the Ontario Court of Appeal affirmed that “without prejudice” communications are admissible to prove the…

Court of Appeal Dismisses Class Action Over Expiring Airline Credits

Canada - May 24 2022 The British Columbia Court of Appeal recently overturned a lower court decision certifying a class action relating to WestJet travel bank credits…

Extra-territoriality: When can a foreign court transfer title to land in Canada?

Canada - April 26 2022 The Supreme Court of Canada has recently granted leave to appeal from the British Columbia Court of Appeal’s decision in Lanfer v Eilers, 2021 BCCA…

Unequal Treatment of Creditors: Paying a Supplier’s Pre-filing Debt in a Proposal Under the Bankruptcy and Insolvency Act

Canada - April 13 2022 We were approached by a company to assist with its restructuring. Our client’s biggest problem was that its largest unsecured creditor was also its…

Warning to Claimants: Immediate Disclosure Required

Canada - March 29 2022 Litigants asserting claims in Ontario will want to take careful note of a recent decision of the Court of Appeal. In Tallman Truck Centre Limited v…

Limitation Periods on Arbitration: If not Clarity, then Context

Canada - March 15 2022 Arbitration can be a great alternative to litigation. It allows disputes to be resolved sooner, it can be less costly, and it may help the parties to…

Reflection on Half a Century in the Commercial Litigation Trenches: Part IV

Canada - March 1 2022 I ended the last chapter where I had just finished my two years in the Department of Justice in Ottawa. We returned to Toronto to WeirFoulds where I…

“We Have a Deal”: How Words and Actions Can Seal Your Fate in Commercial Transactions

Canada - February 15 2022 The enforceability of commercial contracts does not exclusively depend on what has been reduced to a formal written document. In the recent decision…

When It Comes to Insurance Clauses, Don’t Automatically Assume Assumption of Risk

Canada - February 1 2022 Commercial contracts frequently include both indemnity and insurance clauses. An indemnity clause is a provision by which one party (the indemnifier)…