Introduction In two previous blogs, we have discussed both Mary Carter and Pierringer settlements. This blog provides an update on recent developments on the impact and effect of Pierringer settlements following Alberta’s Court of Appeal (ABCA) decision in Canadian Natural Resources Limited v. Wood Group Mustang. Although the decision is not binding in Ontario, it […]
Category Archives: Complex Corporate Commercial Litigation
Corporate Identification & Civil and Criminal Responsibility
Introduction A corporation is a fictional creation of the law. It is treated as a legal entity, and this fact creates a legal trinity of the company, its owners (shareholders) and its employees. Although they are treated, and have similar rights, as a natural person, they can only act through natural persons. How then could […]
Unjust Enrichment by Wrongdoing & Waiver of Tort
Introduction The meaning of the term “waiver of tort” is by no means clear. At its strongest, it has been described as an independent cause of action that does not require the plaintiff to prove any damage suffered by them as a result of the wrongful conduct of the defendant. The remedy would be disgorgement […]
Ice Breaker Settlements and Class Proceedings
Introduction An ice breaker is anything used to relieve inhibitions or acrimony between two parties or is used to open a dialogue. It is also now used to describe settlements by a plaintiff with one defendant ahead of the others in complex multi-party class proceedings. The money paid is often only a small fraction of […]
Anticipatory Breach of Contract and the Limitations Act
Introduction An anticipatory breach of contract occurs where one party to a contract expresses, or it becomes clear by the circumstances, that they are not going to perform on the due date. The innocent party may accept the repudiation when it occurs and seek damages, or instead, wait until the performance was contractually due and […]
Another Attempted End Run Around The Corporate Veil
Introduction We have written twice in the past about piercing the corporate veil. Despite the unambiguous language of the precedents referred to, these cases continue to pop up. In the case discussed below, it was clear the trial judge did not like the principal of the corporate defendant, who held the principal personally liable for […]
Considerations Regarding Partial Summary Judgments
Introduction Rule 20.01 of the Ontario Rules of Civil Procedure sets out the procedure to follow when any party feels they have a good case for summary judgment. The Rule contemplates such motions being brought to resolve all, or only one part, of the claim or defence. The question that arises is when is the […]
The Importance of Putting Your Best Foot Forward
Introduction It sounds like trite advice to hear that a party must put their best foot forward on a motion for summary judgment. It is hard to believe this warning could ever be considered overused and consequently of little import, and therefore ignored. However, it continues to happen and most surprisingly by both plaintiffs and […]
Annulling An Assignment into Bankruptcy
Introduction: The life of a creditor in the commercial world is not always easy. Debtors will manufacture defences, avoid summary judgment etc. Debtors may sometimes turn to the Bankruptcy and Insolvency Act (BIA) for relief. They make an assignment into bankruptcy to bring their financial problems to a resolution, usually in the hopes of paying […]
Incorrectly Named Defendants – Misdescription or Misnomer?
Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct legal name. Despite searches and inquiries, the ignorance may continue with the defendant being improperly named in the Statement of Claim. What happens then when the claim is served on the right person but has incorrectly spelled or identified the […]