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Incorrectly Named Defendants – Misdescription or Misnomer?

Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct…

Considerations When Deciding on Motions for Adjournment

Introduction: An adjournment is a postponement of a legal proceeding. The request is made by…

Piercing the Corporate Veil: A Case Study

Introduction: We have previously written about the circumstances under which our courts will pierce the…

Do Courts Have the Discretion to Override Arbitration Clauses?

Contracting parties normally have their remedy for breaches through the court process. However, they may…

A Saga of Debt Avoidance

Both the Ontario Superior Court of Justice (“ONSC”) and the Court of Appeal for Ontario…

Jurisdiction Matters

Introduction In April of 2013, the Rana Plaza building in Bangladesh collapsed killing and injuring…

Recent Uber Decision Revisits The Use of Arbitration Clauses

With Heller v. Uber Technologies Inc., the Ontario Court of Appeal (ONCA) kicked 2019 off with a…

Oppression and the Right to Financial Information

Recently we wrote to provide an overview of the Oppression Remedy. There, we learned that…

A Set-Off in Litigation: A Shield or a Sword

In litigation, a set-off is, most simply, a credit sought by the defendant to be…

Market Pressures on Contractual Obligations

We have all envied, or maybe abhorred, the skilled professional athlete who suddenly demands, and…