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 […]
Category Archives: Commercial Litigation
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 […]
Mandatory Stay of Bad Faith Cases Against the Crown is Unconstitutional
When the province introduced the Crown Liability and Proceedings Act, 2019, it was met with criticism from some legal experts and organizations that claimed the legislation would severely restrict access to justice in the province. At the time the proposed legislation was announced, the Law Commission of Ontario was nearing the completion of an in-depth […]
What You Need to Know About Flood Risk & Property Insurance in Ontario
Although temperatures in Ontario are still largely in the freezing range, we have already begun to see flooding when temperatures rise above zero, bringing significant rain and/or melting snow. Some neighbourhoods have had to be completely evacuated as rising waters have severely damaged homes and businesses, rendering some buildings unsafe or uninhabitable. With spring approaching, […]
How Insurance Could Play a Key Role in the Canadian Convoy Protests
The ongoing protests in Ottawa and at the Ambassador Bridge border crossing in Windsor have been making headlines for weeks since they began in January. Since then, a number of legal issues have arisen, including how insurance could play a key role. On February 14, the government of Canada announced that it would be invoking […]
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 […]
Proposed Regulatory Changes for Ontario’s Insurance Industry
Regulatory agencies exist primarily to protect the public by providing oversight, practice guidance, and disciplinary action for the industries over which they have jurisdiction. As part of that oversight, these agencies must respond when gaps are identified and provide guidance and recommendations to improve services. Recently, the Financial Services Regulatory Authority of Ontario, which oversees […]
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 […]
London Building Collapse Gives Rise to Lawsuit, Insurance Claim, and Regulatory Charges
In December 2020, a building under construction at 555 Teeple Terrace in London, Ontario, partially collapsed, killing two construction workers and injuring several more. The legal fallout from the collapse includes a $2 million lawsuit by the families of injured workers, a $4 million insurance claim by the building’s owner, and regulatory charges relating to […]
Update on Pandemic-Related Business Interruption Litigation
Litigation continues across Canada for businesses that suffered severe monetary losses due to pandemic-related service interruptions. There are numerous class action lawsuits in progress against various insurers which have, to date, refused coverage for losses due to government-mandated business closures. In June, we wrote about a case that provided some hope for businesses looking to […]