Articles: 11-20 of 113
Ontario Court of Appeal Doubles Down on Entire Agreement Clauses Not Precluding Misrepresentation Allegations
Canada - November 22 2022 In 10443204 Canada Inc v 2701835 Ontario Inc, 2022 ONCA 745, the Ontario Court of Appeal (the “Court”) overturned a summary judgment decision where…
Interpreting Efforts Clauses in a Commercial Contract
Canada - November 8 2022 Canadian Courts have gone to great lengths to assign distinct, differing meanings to efforts clauses. The terms “best efforts”, “commercially…
Open Access: The Federal Court’s Pilot Project for Online Access to Court Records
Canada - October 25 2022 On September 12, 2022, the Federal Court introduced Phase One of its pilot project to provide the public and litigants with online electronic access…
Leave May Not Always Be Required to Appeal an Arbitral Costs Award
Canada - October 11 2022 Parties to commercial transactions often choose arbitration over litigation. While litigation offers a more structured process, arbitration provides…
Ontario Court of Appeal Addresses Use of Fresh Evidence in Obtaining a Declaration that Judgment Debt Survives Bankruptcy
Canada - September 6 2022 In a recent decision, the Ontario Court of Appeal approved the use of “fresh” evidence in obtaining a declaration that a judgment debt for statutory…
Modernizing Oral Examinations: Changes Are Coming to Rule 34
Canada - August 9 2022 The Ontario Civil Rules Committee has issued a consultation paper and is seeking input on potential changes to Rule 34 of the Rules of Civil…
Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding
Canada - July 26 2022 Earlier this year, the Ontario Superior Court of Justice released its decision in Obsidian Group Inc. v. Google LL, 2022 ONSC 84, in which Justice…
Canadian vs. U.S. Defamation Trials: What if Depp v. Heard Took Place in Canada?
Canada - July 12 2022 The Depp-Heard trial, which dominated headlines for weeks, culminated in a decision awarding Johnny Depp $15 million for his lawsuit and Amber Heard…
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…
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