Hearsay evidence is defined as an out of court statement being used to prove the truth of its content. If the issue is the colour of a streetlight, an example of hearsay evidence would be using the earlier statement of a witness whose whereabouts were now unknown. The absence of the observer means there can […]
Category Archives: Appellate Litigation
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 closed to anything but urgent matters during COVID-19, it will become imperative to avoid any unnecessary delays. A case decided by the Ontario Court of Appeal earlier this year should provide comfort to litigants that the ONCA is determined to […]
The Rule in Foss v. Harbottle
The rule in Foss v. Harbottle is well established in Ontario law. The rule prevents shareholders from suing for a loss in the value of their shares brought about by a wrong done to the corporation. The rule is a consequence of the separate legal personality of the corporation. Just as shareholders (subject to limited […]
SCC Deems Uber Arbitration Clause “Unconscionable”
A few weeks ago, we wrote about the enforceability of arbitration clauses in various contexts. In that discussion, we mentioned an ongoing class action in Ontario called Uber Technologies v. Heller. At the time, the case was awaiting a decision from the Supreme Court of Canada with respect to the enforceability of an arbitration clause […]
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 COVID-19 pandemic has created extraordinary circumstances to which we must all adapt as best we can. Since March 17, 2020, there have been no in-person appeals heard at the Court of Appeal. More than 100 scheduled appeals have had […]
The Enforceability of Arbitration Clauses in Ontario
Whether in a shareholder agreement or an employment contract, the enforceability and permissible scope of an arbitration clause have been hot topics in Ontario courts in recent years. Below, we will look at how the courts have interpreted these issues and what it means for arbitration clauses in contracts going forward. What is an Arbitration […]
The Discoverability of Oppression Claims
The Ontario Court of Appeal (ONCA) in Maurice v. Alles (2016) found section 4 of the Limitations Act to apply to oppression claims under the Ontario Business Corporations Act (OBCA). Accordingly, claimants must bring their oppression claims within two years of the alleged oppressive conduct, subject to discoverability. In the case of multiple oppressive acts […]
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 (2020). There the plaintiff had obtained an ex parte Mareva injunction against all of the defendants in a civil fraud matter, effectively freezing their assets. The plaintiff then sought a continuation of the injunction and was successful. One of the […]
Security for Costs
What is an Order for Security for Costs? Granting a motion for security for costs is a discretionary remedy of the court under the Rules of Civil Procedure (the “Rules“) in favour of the defendant. The defendant will bring a motion requesting an order that the plaintiff must post security for the defendant’s litigation costs […]
The Arbitration Act, Stays & the Right to Appeal
The Arbitration Act of Ontario, in section 7, provides a mechanism to stay actions brought where the action’s subject matter is to be decided by arbitration pursuant to an agreement to do so made by the parties. Exceptions, in whole or in part, to the rule are provided in the statute at sub-sections 7(2) to […]