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Law Commission of Ontario Recommends Defamation Reform

Defamation is a statement made to a third party that is false and damaging to…

Excessive Delay Dismissal Saved by the Counterclaim

Efficiency and finality in legal matters require respect for, and enforcement of, the agreed-upon rules…

SCC Deems Uber Arbitration Clause “Unconscionable”

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

“Knowing Assistance” & “Knowing Receipt” in the Fraud of a Fiduciary

A  fiduciary’s responsibilities or duties are both ethical and legal in nature. The duty arises…

COVID-19 and the Effect on the Mode of Appeals

Appeals in Ontario are traditionally heard by way of both oral and written submissions. However,…

Ontario Considers Eliminating Juries From Civil Trials

Litigation is a time-consuming prospect in any scenario, but trials involving juries are even more…

The Enforceability of Arbitration Clauses in Ontario

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

Ad Hoc Fiduciary Duty and Causation

“Fiduciary duty” is a concept that exists inherently in many types of relationships. To owe…

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…

Fraud and Constructive (Equitable) Fraud

The fundamental core of a finding of fraud is the moral turpitude of the defendant.…