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Landlord Consent for Commercial Lease Assignments

In the current climate, several businesses have faced challenges operating brick-and-mortar premises. As a result,…

Discoverability In Claims for Contribution and Indemnity

Parties to civil proceedings in Ontario are permitted to bring into the litigation all persons…

Fraud, Letters of Credit & the Autonomy Principle

A standby letter of credit is a promise from a bank to a creditor that…

Commercial Tenant Prevented From Using Force Majeure to Escape Rent Obligations

We wrote about the issues of frustration and force majeure in our previous post called…

Constructive Trusts: A Remedy for Wrongful Conduct

Constructive trusts are sometimes used by a court to impose a remedy for a party…

The Rule in Foss v. Harbottle

The rule in Foss v. Harbottle is well established in Ontario law.  The rule prevents…

Excessive Delay Dismissal Saved by the Counterclaim

Efficiency and finality in legal matters require respect for, and enforcement of, the agreed-upon rules…

Larger Limits for Smaller Claims

Many clients have smaller monetary disputes that initially may not seem worth the effort to…

The Doctrine of Deferred Indefeasibility in Land Transactions

Introduction Cases involving two innocent parties involved in litigation after a fraudster has played and…

Is There a Duty to Speak Up About Adverse Case Law?

Introduction A lawyer citing case law before an adjudicative body does so to provide authority…