In litigation, a set-off is, most simply, a credit sought by the defendant to be applied against a plaintiff’s claim. Essentially, it is an amount that the defendant claims the plaintiff owes him/her which should be subtracted from any damages claimed by the plaintiff. In Canadian law, there are two types of set-offs: legal and […]
Category Archives: Commercial Litigation
Market Pressures on Contractual Obligations
We have all envied, or maybe abhorred, the skilled professional athlete who suddenly demands, and receives a contract enhancement or extension. The impetus is often some other similar athlete being awarded an extravagant sum in contractual negotiations which alters the fair market value of the contracts in that sport. Well, if it works in professional […]
Unjust Enrichment in Civil Litigation
Unjust enrichment is an equitable cause of action. It stems from an ancient principle that no person should be allowed to benefit (be enriched) at another’s expense (deprivation) without there being some valid reason in law for this to have occurred. The remedy is made in equity through a restoration (restitution). In effect, the benefit […]
At the Borders of Privilege
When individuals or businesses become entangled with the law, they are quickly in need of the aid and guidance of those skilled in the law, namely their lawyers. Such assistance, to be of value, must be based on a full and frank disclosure of the client’s circumstances, both good and bad. The likelihood of full […]
Civil Contempt 101
Contempt is the act of being disobedient to, or disrespectful of, a court of law and its Orders. In the civil law context, such as in a corporate commercial dispute, commercial real estate dispute, civil fraud matter, insurance dispute, or similar, it is most often the act of knowingly disobeying an order of the court. Purpose of […]
Pierringer Settlements
In a previous post we discussed the concept of Mary Carter Agreements as one means of effecting a partial settlement in a multi-party civil action. There we observed: Settlements of civil actions, including commercial claims, are both judicially encouraged and desirable. They serve the public interest by unburdening the courts of cases to be tried thereby […]
Time Management Mistrial
A mistrial is a trial that is not successfully completed – meaning that it’s “terminated and declared void before the jury returns a verdict or the judge renders his or her decision in a non-jury trial. The trial is then over and has no legal effect or result. Mistrials are declared most often when there […]
The Oppression Remedy: An Overview
When corporate actions or decisions negatively impact those with interests in the corporation (including directors, officer, shareholders, creditors, and debtors) the affected parties may have grounds to request an oppression remedy. The oppression remedy focuses on the harm done to the legal and equitable interests of a wide range of stakeholders affected by alleged oppressive […]
A Cryptic Cryptocurrency Decision
Traditional currency (i.e. a formalized medium of value and exchange, in the form of paper or metal money, issued by governments) is a form of property at common law. There may be a dispute as to whether it is tangible, or intangible, property-but it is definitely a form of personal property. As such it can […]
Discoverability and Limitation Periods
Limitation periods and discoverability are fundamental concepts in any litigation, including, commercial litigation and appellate litigation. What exactly are these legal principles and why are they so important? Read on for a helpful guide. Limitation Periods Limitation periods are timelines imposed by parliaments in Canada through legislation. They set out the maximum time in which a legal […]