Introduction In April of 2013, the Rana Plaza building in Bangladesh collapsed killing and injuring thousands of people there. Many of the victims were employed to make garments for Joe Fresh, a recognizable and popular brand of clothing for Loblaws, a Canadian business. A class proceeding was commenced in Ontario seeking to recover billions of […]
Category Archives: Complex Corporate Commercial Litigation
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 decision that will likely have long-lasting implications beyond the parties involved. The case scrutinized an arbitration clause included in all agreements that Uber has with its drivers (who the company also claims are independent contractors, not employees). The ONCA ruled that […]
Oppression and the Right to Financial Information
Recently we wrote to provide an overview of the Oppression Remedy. There, we learned that the leading case dealing with the interpretation of the oppression remedy was the Supreme Court of Canada’s (SCC) decision in BCE Inc v Debentureholders. The Divisional Court of Ontario has recently released its decision in APAC Limited v. Cronin which dealt […]
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 applied against a plaintiff’s claim. Essentially, it is an amount that the defendant claims the plaintiff owes him/her which should be subtracted from any damages claimed by the plaintiff. In Canadian law, there are two types of set-offs: legal and […]
Market Pressures on Contractual Obligations
We have all envied, or maybe abhorred, the skilled professional athlete who suddenly demands, and receives a contract enhancement or extension. The impetus is often some other similar athlete being awarded an extravagant sum in contractual negotiations which alters the fair market value of the contracts in that sport. Well, if it works in professional […]
Unjust Enrichment in Civil Litigation
Unjust enrichment is an equitable cause of action. It stems from an ancient principle that no person should be allowed to benefit (be enriched) at another’s expense (deprivation) without there being some valid reason in law for this to have occurred. The remedy is made in equity through a restoration (restitution). In effect, the benefit […]
At the Borders of Privilege
When individuals or businesses become entangled with the law, they are quickly in need of the aid and guidance of those skilled in the law, namely their lawyers. Such assistance, to be of value, must be based on a full and frank disclosure of the client’s circumstances, both good and bad. The likelihood of full […]
Civil Contempt 101
Contempt is the act of being disobedient to, or disrespectful of, a court of law and its Orders. In the civil law context, such as in a corporate commercial dispute, commercial real estate dispute, civil fraud matter, insurance dispute, or similar, it is most often the act of knowingly disobeying an order of the court. Purpose of […]
Pierringer Settlements
In a previous post we discussed the concept of Mary Carter Agreements as one means of effecting a partial settlement in a multi-party civil action. There we observed: Settlements of civil actions, including commercial claims, are both judicially encouraged and desirable. They serve the public interest by unburdening the courts of cases to be tried thereby […]
Time Management Mistrial
A mistrial is a trial that is not successfully completed – meaning that it’s “terminated and declared void before the jury returns a verdict or the judge renders his or her decision in a non-jury trial. The trial is then over and has no legal effect or result. Mistrials are declared most often when there […]