We have previously written about the different limitation periods set out in the province’s Limitations Act. Generally speaking, where a party does not bring their claim against another within the time period stipulated in that statute, their right to do so will expire. This time period is known as a “limitation period.” Usually, under the […]
Category Archives: Complex Corporate Commercial Litigation
Ontario Court of Appeal Clarifies Limited Partners’ Rights to Profit Distributions
The Ontario Court of Appeal’s recent decision in Anthony v. Binscarth Holdings GP Inc. clarified limited partners’ rights to receive profit distributions under the Limited Partnerships Act. In this case, the appellants, who were limited partners in a family-run limited partnership, sought to challenge the discretion granted to the general partner regarding the distribution of […]
A Primer on Contract Repudiation and Rescission
Navigating the complexities of contract law often hinges on understanding the nuances between repudiation and rescission—two terms frequently confused yet critically distinct. A recent Ontario court decision offers a real-world illustration of these concepts, highlighting their practical implications in a failed real estate transaction. Case Concerned a Failed Real Estate Transaction Through its representative, the […]
Shareholder Oppression in Family-Owned Businesses
Family-owned businesses are the backbone of Ontario’s economy, often built on strong personal relationships and shared visions. However, disputes can become particularly contentious due to the overlap of personal and business interests. Shareholder oppression is a significant legal issue that can emerge in these businesses, particularly when minority shareholders feel majority stakeholders are acting unfairly […]
Supreme Court of Canada Considers Corporate Attribution in the Context of the Limitations Act, 2002
We recently wrote about the Court of Appeal’s decision in Golden Oaks Enterprises Inc. v. Scott, which considered the principle of corporate attribution in the context of limitation periods and bankruptcy. The Supreme Court of Canada has now issued a decision on an appeal of that decision in Scott v. Golden Oaks Enterprises Inc. Case […]
Ontario Court Upholds Arbitrator Appointment: Appeal Denied
It is common for commercial agreements to contain clauses requiring disputes between the parties to be settled by arbitration. Such clauses also often direct how the parties will select an arbitrator. For example, such a clause might provide that the parties will agree on the arbitrator or, failing such agreement, each appoint an arbitrator who […]
When Are Changes To A Contract Legally Enforceable?
Three things are generally required for a contract to be legally enforceable: an offer, acceptance of the offer, and an exchange of something of value (or “consideration”) between the parties to the contract. Consideration need not be an exchange of money, and courts will generally not inquire whether the consideration is adequate. Nominal consideration may […]
Anti-SLAPP Motion Brought In Relation To Claim Concerning the Invocation of the Emergencies Act
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 […]
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 […]