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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…

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…

Do Courts Have the Discretion to Override Arbitration Clauses?

Contracting parties normally have their remedy for breaches through the court process. However, they may…

Constructive Trustees, Fraud, and Knowing Receipt

The Supreme Court of Canada (SCC), in Citadel General Assurance Co. v. Lloyds Bank of…

New Evidence on the Appeal of a Damage Award

The principle of finality in law seeks to ensure that what is decided is left…