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Waiver of Tort as a Cause of Action or the Disgorgement Remedy-The Cultural Shift to Early Resolution Continues

There has been an ongoing controversy in Canada’s courts over whether the doctrine of ‘waiver…

The Contractual Duties of Good Faith & Honest Performance

The Supreme Court of Canada (SCC) originally created a duty of “good faith in contractual…

Fraud, Letters of Credit & the Autonomy Principle

A standby letter of credit is a promise from a bank to a creditor that…

Liability for COVID-19 Transmissions Limited as Part of Ontario’s Recovery

Ontario’s Ministry of the Attorney General has been anticipating a potential rush to litigation by…

One Director’s Defense to Personal Liability

When you commit to becoming a Director of a company in Ontario, you should know…

The Duty of Care and Pure Economic Loss, Pt. 2

As mentioned at the end of our last blog post, we are continuing the discussion…

The Duty of Care and Pure Economic Loss: Part 1

In a previous blog post, we outlined the issues in the case of 1688782 Ontario…

Commercial Tenant Prevented From Using Force Majeure to Escape Rent Obligations

We wrote about the issues of frustration and force majeure in our previous post called…

An Employer’s Vicarious Liability for Employee Fraud

Employee fraud most commonly occurs when an employee commits fraud against their own employer. For…

Class Proceedings and An Infinite Limitation Period

Limitation periods exist in litigation in order to facilitate a reasonable resolution to a legal…