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When will the Courts Hear a Moot Case or Appeal?

Introduction What happens to a lawsuit or an appeal when the issues in dispute are…

Ice Breaker Settlements and Class Proceedings

Introduction An ice breaker is anything used to relieve inhibitions or acrimony between two parties…

Anticipatory Breach of Contract and the Limitations Act

Introduction An anticipatory breach of contract occurs where one party to a contract expresses, or…

Another Attempted End Run Around The Corporate Veil

Introduction We have written twice in the past about piercing the corporate veil. Despite the…

Certificates of Pending Litigation: An Overview

Introduction Where a legal proceeding seeks to establish an interest in real property, one of…

Considerations Regarding Partial Summary Judgments

Introduction Rule 20.01 of the Ontario Rules of Civil Procedure sets out the procedure to…

The Importance of Putting Your Best Foot Forward

Introduction It sounds like trite advice to hear that a party must put their best…

Annulling An Assignment into Bankruptcy

Introduction: The life of a creditor in the commercial world is not always easy. Debtors…

The Loss of a Bargain in Commercial Real Estate

Background: The defendants had owned a vacant commercial property since 1989. They obtained a mortgage…

Incorrectly Named Defendants – Misdescription or Misnomer?

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