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Discoverability and Limitation Periods

Limitation periods and discoverability are fundamental concepts in any litigation, including, commercial litigation and appellate litigation. What…

Mary Carter Settlements and Commercial Litigation

Settlements of civil actions, including commercial claims, are both judicially encouraged and desirable. They serve…

Oppression Remedy or Derivative Action?

The Ontario Business Corporations Act (OBCA) and The Canada Business Corporations Act (CBCA) are both…

Professional Negligence: The Standard of Care Expert Evidence on a Summary Judgment Motion

The tort of negligence requires a plaintiff to allege and prove four elements. They are…

Recovery for Employee Fraud

What remedies does an employer have when it discovers that it has suffered damages as…

Assessing Damages After An Insolvency

The measure of damages is determined by using the formulae, Loss (L) = Actual Liquidation…

Hide & Seek – Piercing the Corporate Veil

Corporations are understood to be legal entities separate and distinct from their shareholding owners. In…

The High Cost of a Stalled Class Proceeding

The Ontario Court of Appeal recently dealt with an appeal from the stay of a…

If there were no bad people, there would be no good lawyers

This quote by Charles Dickens makes sense: “Good lawyers are clearly needed to deal with…

‘Overbroad And Overreaching’, Court Of Appeal Overturns Anton Piller And Mareva Orders, Sends Warning To Overzealous Plaintiffs

The Alberta Court of Appeal recently set aside a number of Anton Piller and Mareva…