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The Anti-Deprivation Rule Pt. 2: SCC Confirms Test

Last week we visited the primary legal authorities in Ontario on fraud in the event…

Constructive Trusts: A Remedy for Wrongful Conduct

Constructive trusts are sometimes used by a court to impose a remedy for a party…

A Principled Exception to the Hearsay Rule

Hearsay evidence is defined as an out of court statement being used to prove the…

ONCA Determined to Move its Docket Forward in Party’s Absence

As the litigation dockets continue to grow now that courts are resuing services after being…

The Rule in Foss v. Harbottle

The rule in Foss v. Harbottle is well established in Ontario law.  The rule prevents…

SCC Deems Uber Arbitration Clause “Unconscionable”

A few weeks ago, we wrote about the enforceability of arbitration clauses in various contexts.…

COVID-19 and the Effect on the Mode of Appeals

Appeals in Ontario are traditionally heard by way of both oral and written submissions. However,…

The Enforceability of Arbitration Clauses in Ontario

Whether in a shareholder agreement or an employment contract, the enforceability and permissible scope of…

The Discoverability of Oppression Claims

The Ontario Court of Appeal (ONCA) in Maurice v. Alles (2016) found section 4 of…

Extending the Time in Which to Seek Leave to Appeal

The Divisional Court (ONSC) recently dealt with this issue in Amphenol Canada Corp. v. Sundaram…