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The End of Partial Summary Judgment?

A motion for summary judgment is one of the methods available to shorten the length…

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 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…

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.…