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Justice Delayed is Justice Denied: Adjournment of Hearings

Legal proceedings take a great deal of time, effort and expense from all involved to…

Discoverability In Claims for Contribution and Indemnity

Parties to civil proceedings in Ontario are permitted to bring into the litigation all persons…

The Duty of Good Faith in Contracts, Further Defined

The Supreme Court of Canada (SCC) established a duty of good faith in contractual performance…

Objections to, and the Assumption of, Forum Conveniens or Non-Conveniens

There are many aspects of litigation to consider when bringing a claim, but perhaps first…

The Importance of a Comprehensive Shareholder Agreement

The existence of a carefully thought-out shareholder’s agreement can go a long way to avoiding…

Waiver of Tort as a Cause of Action or the Remedy for Disgorgement?

There has been an ongoing controversy in Canada’s courts over whether the doctrine of ‘waiver…

The Duties of Good Faith & Honest Performance

The Supreme Court of Canada (SCC) originally created a duty of “good faith in contractual…

Fraud, Letters of Credit & the Autonomy Principle

A standby letter of credit is a promise from a bank to a creditor that…

Commercial Tenant Prevented From Using Force Majeure to Escape Rent Obligations

We wrote about the issues of frustration and force majeure in our previous post called…

The Anti-Deprivation Rule Pt. 2: SCC Confirms Test

Last week we visited the primary legal authorities in Ontario on fraud in the event…