One of the most efficient ways of ending litigation is for the defendant to apply for a summary judgment. In cases where the defendant believes there is no legitimate issue to be tried, they can apply to have the cause of action dismissed without the need to go through a full trial. However, while a […]
Category Archives: Complex Corporate Commercial Litigation
A Review of Civil Limitation Periods in Ontario
When contemplating litigation, one of the most important issues to determine is the limitation period of the potential action. No matter how sound a case may be, missing a key date can derail a claim before it even begins. In Ontario, there are two limitation periods which must be observed, depending on the type of […]
Should Canada Modernize Federal Competition Laws?
Canada’s federal Competition Act has not been amended in a significant way in 35 years, since 1986. While some are fine with the status quo, others, including academics, policy researchers, and even the federal Commissioner of Competition, have a different perspective. They say that the law in its current form is not sufficient to address […]
Cineplex Awarded $1.2 Billion After Acquisition Fails Due to COVID-19
In a court decision cited by some as the most significant Canadian decision to date with respect to COVID-19 business fallout, Cineworld Group PLC (“Cineworld”) has been ordered to pay over $1.2 billion for failure to follow through with a deal to acquire Cineplex Inc. (“Cineplex”). In December 2019, the companies entered into an agreement […]
SCC Clarifies Requirements for Enforcing Foreign Judgments in Ontario
Enforcing a judgment obtained in Ontario can be a challenge when the party ordered to pay damages is reluctant to abide by the order, or if the party is unable to pay the amount awarded in court. However, Ontario courts and successful parties are equipped with various methods of enforcing these awards, such as garnishment […]
Rogers Communications Facing Ongoing Strife After Ousting Director
The internal workings of Canadian telecom giant Rogers Communications have been the source of many headlines over the past week, after an attempt to shuffle the corporate leadership failed. Now, the various directors of the company are engaged in an ongoing dispute that could have long-term ramifications for the company’s shareholders and public reputation. Not […]
Business Interruption Litigation Begins in Earnest
We have previously written about the impact of ongoing lockdowns and safety mandates due to COVID-19, and the impact they’ve had on businesses throughout the country. Soon after the pandemic began, in April 2020, we discussed the concept of business interruption insurance and its potential applicability to the situation at hand. In the months since, […]
Ontario Not-for-Profit Business Corporation Act Coming Into Force
Ontario’s Not-for-Profit Business Corporations Act (ONCA), which received royal assent back in 2010, is finally set to come into force on October 19th. Businesses that will be governed by this new legislation will have a three-year grace period, until October 19, 2024, to bring themselves into compliance with the changes under the Act. Below, we […]
Court Certifies Class Action Against Uber
We have been watching the progress of the proposed class action proceeding between ‘gig economy’ drivers and Uber, an international ride share and food delivery service. To date, the litigation has primarily focused on whether the action could proceed in Canada, or if the drivers would be required to take the dispute to mandatory arbitration […]
Intrusion Upon Seclusion & Third-Party Data Breaches
Data breaches have been making headlines in Canada for a few years, and millions of people have had their data exposed to potential bad actors through breaches of various company databases, from medical labs to telecom companies. Lifelabs, a national lab that performs medical tests on patients across Canada, had its database breached in 2019. […]