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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 Temporal Aspect of Causation in a Negligence Claim

Last week, we discussed a case in which a man brought a claim against a…

How the Duty to Resolve or Simplify Can Affect Costs

The Ontario Rules of Civil Procedure (the “Rules“) dealing with the assessment and award of…

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 End of Partial Summary Judgment?

A motion for summary judgment is one of the methods available to shorten the length…

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…