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Milosevic Fiske LLP Recent Success Before ONCA

Introduction Milosevic Fiske LLP partner Cameron Fiske had a recent success before the Ontario Court…

Issue and Action Estoppel and Abuse of Process

Introduction All forms and attempts at relitigating matters that have already been determined are considered…

When is Legal Commitment Unconscionable?

Introduction It is extremely difficult to set aside an agreement or transaction based on the…

Dependent Contractors, Exclusivity & Reasonable Notice

Introduction Contractors in law are distinct from employees. Employees are entitled to a reasonable period…

Rolling Limitation Periods in Contract Litigation

Introduction The usual rule is that once an event occurs which triggers a possible legal…

Awarding the Carriage of a Class Proceeding

Introduction When loss on a mass scale occurs, class proceedings are sure to follow. If…

Pierringer Settlements Update

Introduction In two previous blogs, we have discussed both Mary Carter and Pierringer settlements. This…

Corporate Identification & Civil and Criminal Responsibility

Introduction A corporation is a fictional creation of the law. It is treated as a…

Unjust Enrichment by Wrongdoing & Waiver of Tort

Introduction The meaning of the term “waiver of tort” is by no means clear. At…

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…