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Commercial Litigation Insights Blog

Articles: 1-10 of 25

Corporate Attribution and Knowing Assistance: Active Participation Required

Canada - June 18 2019 The Supreme Court of Canada recently weighed in on the doctrines of knowing assistance and corporate attribution when it overturned the majority…

"Just Friends" or Something More? Court Finds Shareholders in Closely-Held Corporation Were Dealing at Arm's Length

Canada - June 3 2019 In 1085372 Ontario Limited v. Kulawick, 2019 ONSC 2344, the Honourable Justice Penny dismissed an action to set aside a transaction under s. 96(1) of…

Motions for Partial Summary Judgement: Further Commentary from the Court of Appeal after Butera

Canada - May 15 2019 In its 2017 decision in Butera v. Chown, Cairns LLP,[1] the Ontario Court of Appeal discussed the problems associated with partial summary judgment…

It's a Small World After All: Obtaining Evidence From Persons Outside Ontario

Canada - May 2 2019 In this global marketplace, where business across Borders has become commonplace, it is to be expected that some parties to a business dispute that…

The Final Skirmish in the Trillium Class Action: Class Counsel's Charge With Respect to Fees and Disbursements Trumps GM's Prior Perfected Security Interest

Canada - April 22 2019 One of the few Ontario class actions to proceed through trial to judgment and subsequent appeals, the Trillium Motor World Ltd. (“Trillium”) v…

The Anti-SLAPP Sequel: Updates from the Court of Appeal on s. 137.1 of the Courts of Justice Act

Canada - March 13 2019 On August 30, 2018, the Ontario Court of Appeal released six unanimous decisions, providing the first appellate interpretation of s. 137.1 of the…

Promises to Repair and Limitation Periods: Extending the Time to Sue

Canada - February 27 2019 A recent decision of the Court of Appeal shows that a Defendant’s promise to fix a problem may extend the time limit for bringing a proceeding under…

The Independence of Expert Witnesses - Part II

Canada - February 20 2019 This article continues the discussion in “”, which was published on April 2, 2018. Now that we have some case law applying White Burgess Langille…

A Refresher on Discoverability Principles

Canada - February 6 2019 Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the…

The Civil Trial in Ontario: The Culture Shift from the "Sport of Kings" Towards the "One Judge Model"

Canada - January 24 2019 Effective February 1, 2019, the Ontario Superior Court of Justice will implement the Provincial Civil Case Management Pilot - One Judge Model (the…