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Commercial Litigation Insights Blog

Articles: 1-10 of 105

Court of Appeal Clarifies Scope of the Tort of Intrusion Upon Seclusion in Cases of Data Breaches

Canada - January 10 2023 On November 25, 2022, the Ontario Court of Appeal released a trilogy of decisions (Owsianik v Equifax Canada Co., 2022 ONCA 813, Obodo v TransUnion…

Supreme Court of Canada: Arbitration agreements may be inoperative where ‘chaotic arbitral processes’ would compromise resolution of a receivership

Canada - December 13 2022 The Supreme Court of Canada’s (“SCC“) recent decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River“), clarified whether…

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…