A final release is a document used in various areas of law when the parties involved in litigation have reached a settlement of their issues. In exchange for settling the matter, the plaintiff will often be asked to sign a release waiving the defendant party’s liability in any future claims related to the matter at […]
Category Archives: Complex Corporate Commercial Litigation
Cannabis Company Facing Class Action & Fraud Charges
One of the benefits of incorporating a business is the corporation becomes an entity unto itself, meaning the officers and directors are generally shielded from personal liability should something go wrong. However, this isn’t always the case, depending on the specific issue. As demonstrated by the ongoing trials and tribulations faced by an Ontario-based cannabis […]
Changes Coming to Business Corporations Act in July
There are changes taking effect to Ontario’s Business Corporations Act on July 5th, aimed at eliminating certain requirements in an attempt to make it easier for organizations in Ontario to do business. The changes come as part of Bill 213, the Better for People, Smarter for Business Act, which received royal assent near the end […]
Court Finds Director of Corporation Liable for Litigation Abuses
When a corporation is a party to litigation, the risk of a finding of liability or an award of costs generally does not follow the directors or corporate principals in their personal capacity. Corporate officers are commonly shielded from personal liability in corporate actions. However, this protection is not absolute, and courts have jurisdiction to […]
Shareholders’ Agreement Helps Founder Obtain Oppression Remedy
The oppression remedy protects individuals with an interest in a corporation from corporate actions that are harmful by protecting their reasonable expectations. If a claimant can show unfair conduct by a corporation resulting in prejudice to their interests, the oppression remedy enables a court to intervene. Because the key to the remedy is a focus […]
Corporate Directors & Personal Liability for Unpaid Wages
A recent decision of the Ontario Court of Appeal in Abbasbayli v. Fiera Foods Company provides insight into the statutory claims that may be brought against corporate directors for unpaid wages and vacation pay in the context of wrongful dismissal. Terminated Employee Makes Claim for Unpaid Wages Against Corporation and Directors Personally The Plaintiff, Mr. […]
Data Exclusion Clause Limits Insurance Coverage for Cyber Matters
As privacy and cybersecurity concerns grow in significance, digital breaches are a growing area of legal risk. A recent decision of the Ontario Court of Appeal made clear that traditional insurance policies may not extend coverage for cyber matters, potentially leaving businesses vulnerable. On March 15, 2021, the Court released its decision in Family and […]
Unconscionability & Arbitration in the Wake of Uber v. Heller
Late last year the Supreme Court of Canada released a decision in Uber Technologies Inc. v. Heller in which one party challenged the enforceability of an arbitration clause in a standard form services agreement. In that case, the Court found the clause unconscionable and unenforceable, leading some to conclude that the case marked a new […]
Can a Buyer Back out of a Share Purchase Agreement Due to COVID?
The COVID-19 pandemic has caused economic disruption impacting transactions where parties seek to abandon deals on the grounds that the business climate is materially different and thereby avoid existing contractual obligations. The recent decision Fairstone Financial Holdings Inc. v. Duo Bank of Canada involves the application of material adverse effect (MAE) provisions that are common […]
Justice Delayed is Justice Denied: Adjournment of Hearings
Legal proceedings take a great deal of time, effort and expense from all involved to get their matter to the adjudication stage. Having set a date for the hearing, it is assumed that this will motivate the parties to be ready on that date. The administration of justice wants to see matters move along as […]