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, […]
Category Archives: Commercial Litigation
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 […]
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, […]
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 […]
What is a Boomerang Summary Judgment?
One of the most efficient ways of ending litigation is for the defendant to apply for a summary judgment. In cases where the defendant believes there is no legitimate issue to be tried, they can apply to have the cause of action dismissed without the need to go through a full trial. However, while a […]
A Review of Civil Limitation Periods in Ontario
When contemplating litigation, one of the most important issues to determine is the limitation period of the potential action. No matter how sound a case may be, missing a key date can derail a claim before it even begins. In Ontario, there are two limitation periods which must be observed, depending on the type of […]
Should Canada Modernize Federal Competition Laws?
Canada’s federal Competition Act has not been amended in a significant way in 35 years, since 1986. While some are fine with the status quo, others, including academics, policy researchers, and even the federal Commissioner of Competition, have a different perspective. They say that the law in its current form is not sufficient to address […]
Cineplex Awarded $1.2 Billion After Acquisition Fails Due to COVID-19
In a court decision cited by some as the most significant Canadian decision to date with respect to COVID-19 business fallout, Cineworld Group PLC (“Cineworld”) has been ordered to pay over $1.2 billion for failure to follow through with a deal to acquire Cineplex Inc. (“Cineplex”). In December 2019, the companies entered into an agreement […]
Rogers Communications Facing Ongoing Strife After Ousting Director
The internal workings of Canadian telecom giant Rogers Communications have been the source of many headlines over the past week, after an attempt to shuffle the corporate leadership failed. Now, the various directors of the company are engaged in an ongoing dispute that could have long-term ramifications for the company’s shareholders and public reputation. Not […]
Business Interruption Litigation Begins in Earnest
We have previously written about the impact of ongoing lockdowns and safety mandates due to COVID-19, and the impact they’ve had on businesses throughout the country. Soon after the pandemic began, in April 2020, we discussed the concept of business interruption insurance and its potential applicability to the situation at hand. In the months since, […]