Businesses are subject to a number of regulatory laws governing a wide variety of issues, from environmental controls to securities regulation, to health and safety obligations. Businesses that fail to meet their obligations under these various regulations may be subjected to significant fines under the applicable legislation. In addition, individual owners can also be held […]
Category Archives: Commercial Litigation
Court: Criminal History Not Material to Life Insurance Policy
People purchase home, life, and automobile insurance to protect themselves and their families from financial hardship after an accident, death, or property damage. Unfortunately, sometimes there is a conflict between the insurance company and the insured in terms of what should or will be covered in the event of a claim. In a recent Ontario case, […]
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, […]
Ontario Not-for-Profit Business Corporation Act Coming Into Force
Ontario’s Not-for-Profit Business Corporations Act (ONCA), which received royal assent back in 2010, is finally set to come into force on October 19th. Businesses that will be governed by this new legislation will have a three-year grace period, until October 19, 2024, to bring themselves into compliance with the changes under the Act. Below, we […]
SCC Provides Guidance on Interpreting the Wording of a Release
A final release is a document used in various areas of law when the parties involved in litigation have reached a settlement of their issues. In exchange for settling the matter, the plaintiff will often be asked to sign a release waiving the defendant party’s liability in any future claims related to the matter at […]
Barrie Residents Facing Insurance Headaches in Wake of Tornado
On July 15th, a tornado hit the City of Barrie, leaving behind a path of destruction through a residential community that stretched for approximately five kilometres, with winds reaching speeds of up to 210 km/hour. Luckily, there were no deaths reported, however, approximately 10 people suffered injuries, all non-life-threatening. However, the resulting property damage was […]
Changes Coming to Business Corporations Act in July
There are changes taking effect to Ontario’s Business Corporations Act on July 5th, aimed at eliminating certain requirements in an attempt to make it easier for organizations in Ontario to do business. The changes come as part of Bill 213, the Better for People, Smarter for Business Act, which received royal assent near the end […]
Companies Look to Business Interruption Insurance to Recoup Pandemic Losses
The Covid-19 pandemic has triggered financial hardship as businesses have reduced operations and suffered financial losses. As a result, some businesses have turned to their insurance policies to determine if they might recover losses accrued during the pandemic. Companies are particularly looking at business interruption coverage in response to government-mandated shutdowns. Whether insurers will be […]
Shareholders’ Agreement Helps Founder Obtain Oppression Remedy
The oppression remedy protects individuals with an interest in a corporation from corporate actions that are harmful by protecting their reasonable expectations. If a claimant can show unfair conduct by a corporation resulting in prejudice to their interests, the oppression remedy enables a court to intervene. Because the key to the remedy is a focus […]
Recent Ontario Decisions in Insurance Bad Faith Claims
An allegation of bad faith in insurance claims can result in a financial sanction above the policy limits as well as possible punitive and aggravated damages. The contractual relationship between the insurer and an insured is one of utmost good faith that imposes an obligation on the parties to deal with each other fairly. Bad […]