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Case Summary: Landlord’s insurer entitled to subrogate against tenant notwithstanding language of lease that gave tenant benefit of landlord’s insurance where lease included exception for damage caused by tenant’s negligence
  • Harper Grey LLP
  • Canada
  • August 14 2018

The appellant owned a multi-story commercial building in which it operated a hotel. The respondents leased a portion of the building in which they


Court of Appeal adds another exception to when contractual interpretation is a matter of law
  • Borden Ladner Gervais LLP
  • Canada
  • August 9 2018

In CNH Canada Ltd., v. Chesterman Farm Equipment Ltd., the Ontario Court of Appeal ruled on the interpretation of a standard form farm equipment


Ontario Court of Appeal: Expert evidence required in professional negligence claims
  • Clyde & Co LLP
  • Canada
  • August 2 2018

Unless a motion is brought at an early stage or it is obvious that the professional's conduct fell short of the standard of care, a court will


Full Speed Ahead: Ontario Court of Appeal’s Comments on the Application of Jordan to Re-Trials May Have Broad Impacts
  • McCarthy Tétrault LLP
  • Canada
  • July 31 2018

In R. v. MacIsaac, the Ontario Court of Appeal recently made some important comments on the Jordan framework for unreasonable delay in criminal


Privacy Business Risks on the Rise: Privacy Concerns can Lead to Significant Loss in Market Value
  • Borden Ladner Gervais LLP
  • Canada
  • July 31 2018

Business risks resulting from consumer privacy concerns are on the rise. Last week, Facebook and Twitter reported second quarter results which


Blaneys Ontario Court of Appeal Summaries
  • Blaney McMurtry LLP
  • Canada
  • July 28 2018

In Gillham v. Lake of Bays (Township), a negligent construction case, the Court appears to have expanded the meaning of the “Appropriate Means” aspect


Is my employment contract still good?
  • SpringLaw
  • Canada
  • July 25 2018

In our practice the question of whether an employment contract is still enforceable comes up often. This usually happens around terminations


Independent Contractors Take Another Step Closer to Employees
  • Miller Thomson LLP
  • Canada
  • July 24 2018

A recent decision by the Ontario Court of Appeal has brought the worlds of independent contractors and employees closer together. In Mohamed v


Blaneys Ontario Court of Appeal Summaries
  • Blaney McMurtry LLP
  • Canada
  • July 20 2018

There were two property boundary disputes between neighbours decided this week, with different results. Both related to prescriptive easements and the


Court decision in IBM case clarifies minefield in enforcing termination clauses Benefits Canada
  • Osler Hoskin & Harcourt LLP
  • Canada
  • July 19 2018

Osler partner Jennifer Dolman tells Benefits Canada that the Ontario Court of Appeal’s recent decision in Amberber v. IBM Canada Ltd., 2018 ONCA 571