In Ontario, environmental laws are designed to protect the sprawling natural environment across the province by ensuring that individuals and corporations uphold responsible practices to preserve resources and prevent pollution. However, violating these obligations can result in regulatory charges with accompanying consequences of hefty fines and potentially jail time. Business owners, land developers, and individuals […]
Category Archives: Commercial Litigation
Punitive Damages in the Consumer Protection Context
Damages are usually awarded by a court as a form of compensation for harm or loss suffered by the successful plaintiff; however, a court will occasionally award damages that serve a different purpose. Punitive damages, for example, are sometimes awarded not to compensate the plaintiff but to punish the wrongdoer and deter others from engaging […]
Court of Appeal Upholds Plan of Arrangement Approval
A plan of arrangement is a legal process governed by the Canada Business Corporations Act that allows corporations to reorganize and restructure their affairs. A plan of arrangement involves the corporation putting forth a proposal for the restructuring, which the corporation’s shareholders, and subsequently a court, are then asked to approve. The proposal will outline […]
The Applicability of the Corporate Attribution Doctrine to Bankruptcy and Insolvency Matters
The operation of a corporate entity is highly tied to its directors’ decisions. As such, Ontario law has developed the “corporate attribution doctrine” to allow individuals’ actions to be attributed to the corporation they represent. The doctrine is typically applied in civil liability, criminal law, and regulatory enforcement. However, the Ontario Court of Appeal refined […]
Enforceability of Entire Agreement Clauses in Ontario
“Entire agreement” or “whole agreement” clauses are commonly used in contracts to limit the scope of contractual obligations and to define the parties’ rights and obligations. These clauses serve as an important tool for reducing the risk of disputes and ensuring that the parties are fully aware of the terms of the agreement. In Ontario, […]
Failure to Disclose Settlement Agreement to Other Defendants Constitutes Abuse of Process
Parties to litigation have ongoing disclosure obligations, including a plaintiff’s responsibility to disclose a settlement agreement to other non-settling defendants immediately. This is particularly important as a settlement agreement can drastically change litigation dynamics, particularly concerning the relationship between the plaintiff and the settling defendant and the conduct of the settling defendant throughout the remainder […]
Award for $182,000 Relating to “Loss of Business Value” Set Aside by Divisional Court
A recent decision from the Divisional Court of Ontario Superior Court of Justice set aside a trial judge’s order awarding $182,000 in damages for “loss of business value.” The defendants appealed the matter to the Divisional Court, where it was determined that the trial judge’s decision was grounded in facts and law. However, the Court […]
Court of Appeal Allows Fraudulent Misrepresentation as Defence to Contract Default
Contracts form the basis of every business relationship. Contracts can be customized to fit the needs of the parties who choose to enter them. However, it is not uncommon for parties to default on their contractual obligations, leading to contract disputes and litigation. In the recent case of 10443204 Canada Inc. v. 2701835 Ontario Inc., […]
Ontario MPPs Resurrect Bill to Prevent “Postal Code Discrimination” Among Insurers
Insurance premiums for Ontario drivers can vary significantly based on a number of factors, including the type of car someone drives, their personal driving record, and the additional add-ons they purchase under their policy. However, some people may not be aware that where they live in the province can also cause their premiums to go […]
Ontario Farm Pleads Guilty Following Migrant Worker’s COVID-19 Death
The first Ontario farm charged with occupational health and safety violations contributing to an employee’s death from COVID-19 has pleaded guilty. Last year, we posted a blog about the death of Juan Lopez Chaparro, a migrant employee from Mexico who had contracted COVID-19 while working at Scotlynn Sweetpac Growers Inc., located in Vittoria, Ontario. An […]