Navigating the complexities of contract law often hinges on understanding the nuances between repudiation and rescission—two terms frequently confused yet critically distinct. A recent Ontario court decision offers a real-world illustration of these concepts, highlighting their practical implications in a failed real estate transaction. Case Concerned a Failed Real Estate Transaction Through its representative, the […]
Category Archives: Commercial Litigation
Shareholder Oppression in Family-Owned Businesses
Family-owned businesses are the backbone of Ontario’s economy, often built on strong personal relationships and shared visions. However, disputes can become particularly contentious due to the overlap of personal and business interests. Shareholder oppression is a significant legal issue that can emerge in these businesses, particularly when minority shareholders feel majority stakeholders are acting unfairly […]
Supreme Court of Canada Considers Corporate Attribution in the Context of the Limitations Act, 2002
We recently wrote about the Court of Appeal’s decision in Golden Oaks Enterprises Inc. v. Scott, which considered the principle of corporate attribution in the context of limitation periods and bankruptcy. The Supreme Court of Canada has now issued a decision on an appeal of that decision in Scott v. Golden Oaks Enterprises Inc. Case […]
Ontario Court Upholds Arbitrator Appointment: Appeal Denied
It is common for commercial agreements to contain clauses requiring disputes between the parties to be settled by arbitration. Such clauses also often direct how the parties will select an arbitrator. For example, such a clause might provide that the parties will agree on the arbitrator or, failing such agreement, each appoint an arbitrator who […]
When Are Changes To A Contract Legally Enforceable?
Three things are generally required for a contract to be legally enforceable: an offer, acceptance of the offer, and an exchange of something of value (or “consideration”) between the parties to the contract. Consideration need not be an exchange of money, and courts will generally not inquire whether the consideration is adequate. Nominal consideration may […]
Anti-SLAPP Motion Brought In Relation To Claim Concerning the Invocation of the Emergencies Act
The Ottawa protests and the federal government’s invocation of the Emergencies Act during the pandemic have given rise to litigation on several fronts. Recently, the Superior Court of Justice considered an anti-SLAPP motion brought by defendants in such a lawsuit. This follows an earlier anti-SLAPP motion in the context of the Ottawa protests in Li […]
Cost Consequences of Offers to Settle
In litigation, the unsuccessful party must generally pay some of the other party’s legal costs. The amount payable and by whom is typically within a court’s discretion under section 131 of the Courts of Justice Act. The general rules governing the determination of those costs are set out in Rule 57 of the Rules of […]
A Review of the Law of Trade Secrets and Breach of Confidence
Businesses that rely on confidential information as part of their operations are understandably reluctant to risk divulging that information to employees and other stakeholders. Does the law protect such information? What kind of remedies are available to businesses that face the prospect of having their valuable confidential information made public? These questions involve consideration of […]
A Review of the Collateral Attack Rule
A party that wishes to avoid the consequences of a court order may consider initiating new proceedings in a different forum with the hope of achieving a different result. The law has developed the Collateral Attack Rule to hinder such efforts and protect the justice system’s integrity. Several years ago, the Court of Appeal provided […]
Questions About Limitation Period Issue Raised After Summary Judgment Motion Dismissed
In the fast-paced world of commercial litigation, timing is everything. Missed deadlines can have dire consequences for all parties, including the dismissal of a case. One of the most common pitfalls in commercial litigation is the applicable limitation periods (the time frame for legal action to commence). This blog post will delve into the intricacies […]