The Ottawa protests and the federal government’s invocation of the Emergencies Act during the pandemic have given rise to litigation on several fronts. Recently, the Superior Court of Justice considered an anti-SLAPP motion brought by defendants in such a lawsuit. This follows an earlier anti-SLAPP motion in the context of the Ottawa protests in Li […]
Category Archives: Complex Corporate Commercial Litigation
Cost Consequences of Offers to Settle
In litigation, the unsuccessful party must generally pay some of the other party’s legal costs. The amount payable and by whom is typically within a court’s discretion under section 131 of the Courts of Justice Act. The general rules governing the determination of those costs are set out in Rule 57 of the Rules of […]
A Review of the Law of Trade Secrets and Breach of Confidence
Businesses that rely on confidential information as part of their operations are understandably reluctant to risk divulging that information to employees and other stakeholders. Does the law protect such information? What kind of remedies are available to businesses that face the prospect of having their valuable confidential information made public? These questions involve consideration of […]
A Review of the Collateral Attack Rule
A party that wishes to avoid the consequences of a court order may consider initiating new proceedings in a different forum with the hope of achieving a different result. The law has developed the Collateral Attack Rule to hinder such efforts and protect the justice system’s integrity. Several years ago, the Court of Appeal provided […]
Corporate Attribution in a Bankruptcy Context
We previously wrote about the doctrine of corporate attribution in the context of bankruptcy in Ernst & Young Inc. v. Aquino. This decision was followed by another decision of the Court of Appeal in Golden Oaks Enterprises Inc. v. Scott, which also concerned bankruptcy. One of the primary issues before the Court of Appeal in […]
Questions About Limitation Period Issue Raised After Summary Judgment Motion Dismissed
In the fast-paced world of commercial litigation, timing is everything. Missed deadlines can have dire consequences for all parties, including the dismissal of a case. One of the most common pitfalls in commercial litigation is the applicable limitation periods (the time frame for legal action to commence). This blog post will delve into the intricacies […]
Enforceability of Non-Competition Clauses Within Business Sales
It is common for an agreement for the purchase and sale of a business to contain terms restricting the future ability of the vendor to compete with the company that is sold. The intent of such a restrictive covenant is generally to protect the goodwill associated with the business. This spring, Ontario’s Court of Appeal […]
The Doctrine of Part Performance in Land Agreements
Under Ontario’s Statute of Frauds, verbal agreements respecting land are deemed unenforceable. As the Superior Court of Justice commented in Van, et al. v. Qureshi, et al., the statute’s purpose was to prevent “fraudulent allegations of promises that had never been made, by requiring a formality in certain classes of agreement.” The Ontario Court of […]
Winding-Up a Corporation on “Just and Equitable” Grounds
Ontario’s Business Corporations Act provides multiple ways a court may order the winding-up of a corporation. One common route for a court-ordered winding-up is a finding of oppression under section 248. However, other sections can also be used to force a corporation to be shut down by the courts, such as section 207(1)(b)(iv). Section 207(1)(b)(iv) […]
When Will A Plaintiff’s Delays Lead To Dismissal Of Its Claim?
It goes without saying that complex litigation matters can be a time-consuming process. Depending on its complexity, it can take years for a matter to reach final resolution through the courts. In some situations, however, delays may be the fault of a party to the litigation. We have previously written about the legal consequences of […]