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Constructive Trusts: A Remedy for Wrongful Conduct

Constructive trusts are sometimes used by a court to impose a remedy for a party…

Derivative Contracts: Speculation or Hedging?

The Supreme Court of Canada (SCC) recently released an important taxation decision dealing with how…

A Principled Exception to the Hearsay Rule

Hearsay evidence is defined as an out of court statement being used to prove the…

The Condominium Act & The Oppression Remedy

We have previously written about the remedy of oppression, and how it applies to the…

The Presumption of Undue Influence

The equitable doctrine of undue influence is there to prevent one person from taking advantage…

Shareholder Disputes Expected to Rise in Canada’s Cannabis Industry

When cannabis was legalized in Canada in 2018, many people, including financial investors, assumed the…

The Rule in Foss v. Harbottle

The rule in Foss v. Harbottle is well established in Ontario law.  The rule prevents…

SCC Deems Uber Arbitration Clause “Unconscionable”

A few weeks ago, we wrote about the enforceability of arbitration clauses in various contexts.…

The Enforceability of Arbitration Clauses in Ontario

Whether in a shareholder agreement or an employment contract, the enforceability and permissible scope of…

Class Proceedings Expected to Surge When Courts Resume in Full

As the widespread effects of the COVID-19 pandemic continue to be felt across Canada, even…