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Real Estate Litigation: Continuous Use Clauses in Commercial Leases

The Ontario Court of Appeal (ONCA) recently reviewed  a “continuous use” clause in a commercial lease…

Specific Performance in Commercial Real Estate Transactions

Specific performance is an equitable remedy in the law of contract. Its effect is to…

Recent Uber Decision Revisits The Use of Arbitration Clauses

With Heller v. Uber Technologies Inc., the Ontario Court of Appeal (ONCA) kicked 2019 off with a…

Oppression and the Right to Financial Information

Recently we wrote to provide an overview of the Oppression Remedy. There, we learned that…

A Set-Off in Litigation: A Shield or a Sword

In litigation, a set-off is, most simply, a credit sought by the defendant to be…

Market Pressures on Contractual Obligations

We have all envied, or maybe abhorred, the skilled professional athlete who suddenly demands, and…

Purchase and Sale Disputes: Real Estate Dimensions & Deposits

It is customary for the purchaser of real estate (both commercial and residential) to make…

Unjust Enrichment in Civil Litigation

Unjust enrichment is an equitable cause of action. It stems from an ancient principle that…

At the Borders of Privilege

When individuals or businesses become entangled with the law, they are quickly in need of…

Civil Contempt 101

Contempt is the act of being disobedient to, or disrespectful of, a court of law…