14,361 results found
Emond Harnden | Canada | 31 May 2023
Plaintiff’s Surreptitious Recording of Termination Meeting Leads to Damages for Employer’s Breach of the Duty of Good Faith and Fair Dealing
Earlier this year, the Ontario Superior Court of Justice rendered its decision in Teljeur v. Aurora Hotel Group. This case, which involved an…
Gowling WLG | Canada | 30 May 2023
Ontario Superior Court clarifies what factors a court will consider to discharge a lien on the basis of an "abuse of process"
Since the 2018 amendments to Ontario's Construction Act (the "Act") there has been little judicial discussion on what factors militate towards a…
Gowling WLG | Canada | 30 May 2023
Force Majeure Clauses: An important reminder that the clause is only as strong as the language contained within it
The impacts of the COVID-19 pandemic as it relates to force majeure clauses in contracts is continuing to be felt by parties as Ontario courts are…
Gowling WLG | Canada | 30 May 2023
Ontario Divisional Court clarifies the test for judicial review of adjudication under the Construction Act
In late 2019, the Ontario construction industry welcomed several amendments to the Construction Act, chief among them being the introduction of a…
Gowling WLG | Canada | 30 May 2023
The importance of contractual language: Ontario Superior Court determines who is entitled to holdback amounts
The Ontario Superior Court's recent decision in Northwest Angle 33 First Nation v Razar Constructing Services Ltd., 2023 ONSC 1233 ("Northwest…
Bennett Jones LLP | Canada, Global | 29 May 2023
An Arguable Case May Be All You Need to Go to Arbitration in Ontario
In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court…
Singleton Urquhart Reynolds Vogel LLP | Canada | 29 May 2023
The Estate of Arbabbahrami v. MSH International (Canada) Ltd.: Implications for “War” and “Military or Usurped Power” Insurance Exclusions and Force Majeure Clauses
The Ontario Superior Court’s recent decision in The Estate of Arbabbahrami v. MSH International (Canada) Ltd., 2022 ONSC 5723 appears to have…
McCarthy Tétrault LLP | Canada | 29 May 2023
A Surprising Result - Applying Force Majeure Clauses to Commercial Leases in the Wake of COVID Shutdowns
The Ontario Court of Appeal (“ONCA”) recently released a decision that complicates the jurisprudence with respect to how courts will interpret force…
Blaney McMurtry LLP | Canada | 27 May 2023
Court of Appeal summaries (may 22, 2023 - may 26, 2023)
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023. The Court released two companion…
McMillan LLP | Canada | 25 May 2023
Is Your Arbitration Clause Appealing? No Appeal Available where Clause Says Dispute is “Finally Settled” by Arbitration
Subsection 45(1) of the Ontario Arbitration Act, 1991 (the "Act") provides that if an arbitration clause does not deal with appeals on questions of…
