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., […]
Category Archives: Commercial Litigation
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 […]
Shotgun Clauses in Shareholder Agreements
As investors with a say in all major business decisions, shareholders hold the bulk of power when it comes to how a company is run. The ability of shareholders to work together effectively is vital to a company’s day-to-day operations. When shareholders find themselves in a dispute, it must be resolved as quickly as possible, […]
The Impact of Post-Breach Events on Damages for Breach of Contract
In Ontario, there is a legal presumption that damages for breach of contract are calculated from the date of the breach. In some cases, however, it is possible to set this presumption aside when it would be unfair to use the date of breach as the basis for calculation. In a recent case from the […]
Jury Awards Insurance Plaintiff Record Punitive Damages
When health issues derail a person’s inability to work and earn income, they will often need to turn to long-term disability benefits to manage financially, if they are fortunate enough to have such coverage. Even with these benefits in place, the situation can necessitate a significant shift in lifestyle. In most cases, the insured person […]
What is a Liability Insurer’s Duty to Defend for an Intentional Tort?
When professionals are insured for liability, whether the coverage is obtained individually, through a professional regulatory body such as the Law Society of Ontario, or through their place of work, what is the insurer’s obligation to defend them? Does the obligation change depending on the basis of the claim against the insured? This was a […]
Court of Appeal Clarifies Requirements to Assume Jurisdiction in Case with Multiple Defendants
When bringing a claim against a defendant for a civil matter such as fraud, it is important to understand the concept of jurisdiction, in order to ensure the claim is filed in the appropriate location. When all parties involved are in the same place and the entire matter occurred in that place, such as Ontario, […]
Occupational Health & Safety Act Changes Under Bill 88
Last month, Ontario passed Bill 88, the Working for Workers Act, 2022. The Bill implements new legislation around the electronic monitoring of employees, and will also amend several pieces of existing legislation, including the Occupational Health and Safety Act. Under Schedule 4 of Bill 88, directors, officers, and corporations will face new obligations around the […]
The “Innocent Insured” Clause in the Insurance Act is not Applicable Retroactively
While property insurance coverage applies to a specific property, it may cover several insured parties. For example, depending on the policy, home insurance might cover multiple members of a single-family, several roommates, and/or tenants who rent a room or a basement unit. This is helpful in that the coverage will extend to each person noted […]