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Commercial Litigation Insights Blog

Articles: 1-10 of 57

Supreme Court Clarifies the Law on the Duty of Care for Pure Economic Loss

Canada - November 16 2020 A recent Supreme Court of Canada decision is a cautionary tale on the Court’s reluctance to award recovery in tort where parties fail to mitigate…

“Arising out of”: Adding another definition to your contractual terms dictionary

Canada - October 27 2020 In Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company, the Ontario Court of Appeal analysed a common feature…

Court of Appeal Decides Against Overruling its Prior Decisions on s. 7(6) of the Arbitration Act

Canada - October 6 2020 In Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, 2020 ONCA 612, an appeal was brought from…

Uber Arbitration Agreement not so Uber

Canada - September 28 2020 In my April 16, 2018, blog, I wrote about the Superior Court of Justice’s decision upholding the arbitration provisions in an Uber contract, and…

Parties Must Check their Biases at the Door When Exercising Contractual Rights

Canada - September 21 2020 In Elias Restaurant v Keele Sheppard Plaza Inc., 2020 ONSC 5457, Justice Morgan of the Ontario Superior Court of Justice commented on the racist…

The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption

Canada - August 25 2020 In Grasshopper Solar Corporation v Independent Electricity System Operator, the Court of Appeal agreed that a contractual party has a right to…

A Deal’s a Deal: The Enforcement of Settlements

Canada - August 19 2020 A short decision from the Court of Appeal for Ontario in Neilas (799 College St) Inc. v Houston Engineering & Drafting Inc., released on August 6…

Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)

Canada - July 27 2020 In Atlantic Lottery Corporation Inc. v Babstock released on July 24, 2020, the Supreme Court of Canada unanimously held that “waiver of tort” was…

Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle

Canada - July 10 2020 The recent decision of the Ontario Court of Appeal in Tran v Bloorston Farms Ltd., 2020 ONCA 440, provides a helpful explanation and clarification of…

The Bluberi Decision: “No” to Vote-Rigging and “Yes” to Litigation Funding

Canada - June 22 2020 On May 8, 2020, the Supreme Court of Canada (“SCC”) released its decision in 9354-9186 Québec Inc. v. Callidus Capital Corp., after hearing…