Follow

Commercial Litigation Insights Blog

Articles: 1-10 of 85

Commercial Litigation Insights

Canada - January 18 2022 In two companion actions,[i] the Quebec Court of Appeal recently validated the Honourable Justice Davis’ findings that business interruption losses…

Cineworld v Cineplex: What does it mean to operate movie theatres in the ordinary course during a pandemic?

Canada - January 4 2022 On December 14, 2021, the Honourable Justice Barbara Conway of the Ontario Superior Court of Justice - Commercial List rendered her decision in…

Government Liability in Negligence: The Supreme Court Weighs in on Core Policy Immunity

Canada - December 14 2021 The Supreme Court of Canada’s recent decision in Nelson (City) v. Marchi, 2021 SCC 41 (“Marchi”), provides helpful guidance for municipalities and…

Never Settle for Uncertainty

Canada - November 30 2021 In a pair of recent decisions, Justices MacPherson, Simmons and Nordheimer of the Ontario Court of Appeal remind us that as with other commercial…

Never Really Over: The Supreme Court Revisits Publication Bans Post Judgment

Canada - November 2 2021 In its recent decision Canadian Broadcasting Corp. v. Manitoba, 2021 SCC 33, the Supreme Court of Canada ruled that even where a legal proceeding is…

The Privy Council gives wings to the Black Swan: A welcome decision for litigants seeking to freeze assets and enforce foreign judgments

Canada, Global - October 27 2021 Offshore jurisdictions - otherwise known as international financial centres (“IFCs“) - have landed back on the Front Page of newspapers around the…

MDS Inc. v. Factory Mutual Insurance Company: Implications for COVID-19 Business Interruption Litigation

Canada - September 21 2021 A recent Ontario Court of Appeal decision provides guidance for businesses and insurers involved in litigation about the inability to use machinery…

Where to? Another Trip for Uber as the Heller v Uber Technologies Inc. Class Action Drives Ahead

Canada - September 8 2021 Following the Supreme Court of Canada’s highly anticipated decision in , 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice…

Extreme Family Disfunction: Unintended Consequences in a Winding-Up Case

Canada - August 24 2021 The Court has broad jurisdiction to intervene in the breakdown of partnerships and corporations where it is just and equitable to do so, and a broad…

Ch-ch-ch-changes: New Rules for Method of Attendance in Ontario Actions

Canada - August 10 2021 Following the extensive civil rule changes that became effective January 1, 2021 to provide for more electronic court processes - in part a reaction…