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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,…

The Arbitration Act, Stays & the Right to Appeal

The Arbitration Act of Ontario, in section 7, provides a mechanism to stay actions brought…

When will the Courts Hear a Moot Case or Appeal?

Introduction What happens to a lawsuit or an appeal when the issues in dispute are…

Anticipatory Breach of Contract and the Limitations Act

Introduction An anticipatory breach of contract occurs where one party to a contract expresses, or…

Considerations Regarding Partial Summary Judgments

Introduction Rule 20.01 of the Ontario Rules of Civil Procedure sets out the procedure to…

Incorrectly Named Defendants – Misdescription or Misnomer?

Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct…