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Force Majeure and Frustration in Contracts Following the COVID-19 Pandemic

COVID-19 has clearly had a significant adverse impact on the economy of Ontario, Canada and…

The Discoverability of Oppression Claims

The Ontario Court of Appeal (ONCA) in Maurice v. Alles (2016) found section 4 of…

The Importance of Sufficiently Proving Damages

In civil litigation for breach of contract, establishing a breach is only part of the…

Adding a Defendant & “Reasonable Discoverability”

In the course of a litigation file, misapprehensions sometimes occur. When there is confusion as…

Security for Costs

What is an Order for Security for Costs? Granting a motion for security for costs…

Oppression Claims & The Business Judgment Rule

Oppression is defined under the Ontario Business Corporations Act as conduct that is “oppressive or…

Setting Aside a Default Judgment

What is a Default Judgment? A default judgment is often granted in favour of a…

Judgment Debts, Fraud and Bankruptcy

Many people assume that bankruptcy protects them from all creditors, across the board, however, this…

Norwich Orders as a Tool of Discovery

What is a Norwich Order? A Norwich order compels a third-party, usually innocent, to preserve…

Mareva Injunctions: Freezing Assets Before Judgment

The remedy of a Mareva injunction is so named having adopted the name of the…