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Incorrectly Named Defendants – Misdescription or Misnomer?

Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct…

Considerations When Deciding on Motions for Adjournment

Introduction: An adjournment is a postponement of a legal proceeding. The request is made by…

Piercing the Corporate Veil: A Case Study

Introduction: We have previously written about the circumstances under which our courts will pierce the…

Do Courts Have the Discretion to Override Arbitration Clauses?

Contracting parties normally have their remedy for breaches through the court process. However, they may…

Constructive Trustees, Fraud, and Knowing Receipt

The Supreme Court of Canada (SCC), in Citadel General Assurance Co. v. Lloyds Bank of…

Defamation and Public Discourse

When Does a Lawsuit Become a Tool for Limiting Public Debate? Section 137.1  of the…

New Evidence on the Appeal of a Damage Award

The principle of finality in law seeks to ensure that what is decided is left…

The Tort of Intentional Infliction of Mental Suffering

In last week’s blog, we discussed several recent changes to the common law, and in…

Milosevic Fiske LLP’s David Milosevic running for Bencher of the Law Society of Ontario

The team at Milosevic Fiske LLP is proud to be supporting one of our partners,…

New Causes of Action in the Common Law of Ontario

The common law is an organic process but one that grows and develops slowly. This…