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 […]
Category Archives: Commercial Litigation
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 […]
Enforceability of Non-Competition Clauses Within Business Sales
It is common for an agreement for the purchase and sale of a business to contain terms restricting the future ability of the vendor to compete with the company that is sold. The intent of such a restrictive covenant is generally to protect the goodwill associated with the business. This spring, Ontario’s Court of Appeal […]
The Doctrine of Part Performance in Land Agreements
Under Ontario’s Statute of Frauds, verbal agreements respecting land are deemed unenforceable. As the Superior Court of Justice commented in Van, et al. v. Qureshi, et al., the statute’s purpose was to prevent “fraudulent allegations of promises that had never been made, by requiring a formality in certain classes of agreement.” The Ontario Court of […]
Winding-Up a Corporation on “Just and Equitable” Grounds
Ontario’s Business Corporations Act provides multiple ways a court may order the winding-up of a corporation. One common route for a court-ordered winding-up is a finding of oppression under section 248. However, other sections can also be used to force a corporation to be shut down by the courts, such as section 207(1)(b)(iv). Section 207(1)(b)(iv) […]