A recent decision from the Divisional Court of Ontario Superior Court of Justice set aside a trial judge’s order awarding $182,000 in damages for “loss of business value.” The defendants appealed the matter to the Divisional Court, where it was determined that the trial judge’s decision was grounded in facts and law. However, the Court […]
Category Archives: Complex Corporate Commercial Litigation
Court of Appeal Allows Fraudulent Misrepresentation as Defence to Contract Default
Contracts form the basis of every business relationship. Contracts can be customized to fit the needs of the parties who choose to enter them. However, it is not uncommon for parties to default on their contractual obligations, leading to contract disputes and litigation. In the recent case of 10443204 Canada Inc. v. 2701835 Ontario Inc., […]
Non-Payment Triggers Re-Entry for Commercial Landlords
When a prospective buyer defaults on deposit payments, the seller has the option to provide some leniency and perhaps amend the terms of the Agreement of Purchase and Sale. But what happens when the buyer defaults both on the deposit and on commercial rent? When commercial real estate and lease agreements collide, it can be […]
Shotgun Clauses in Shareholder Agreements
As investors with a say in all major business decisions, shareholders hold the bulk of power when it comes to how a company is run. The ability of shareholders to work together effectively is vital to a company’s day-to-day operations. When shareholders find themselves in a dispute, it must be resolved as quickly as possible, […]
The Impact of Post-Breach Events on Damages for Breach of Contract
In Ontario, there is a legal presumption that damages for breach of contract are calculated from the date of the breach. In some cases, however, it is possible to set this presumption aside when it would be unfair to use the date of breach as the basis for calculation. In a recent case from the […]
The “Innocent Insured” Clause in the Insurance Act is not Applicable Retroactively
While property insurance coverage applies to a specific property, it may cover several insured parties. For example, depending on the policy, home insurance might cover multiple members of a single-family, several roommates, and/or tenants who rent a room or a basement unit. This is helpful in that the coverage will extend to each person noted […]
Disgorgement as a Remedy for Breach of Fiduciary Duty
Legal remedies in a civil case where one party has profited from wrongdoing to another party, such as civil fraud or breach of fiduciary duty, will generally result in damages being awarded to the wronged party. Often, the plaintiff in such a case has suffered a financial loss due to the defendant’s actions, and a […]
What is a Boomerang Summary Judgment?
One of the most efficient ways of ending litigation is for the defendant to apply for a summary judgment. In cases where the defendant believes there is no legitimate issue to be tried, they can apply to have the cause of action dismissed without the need to go through a full trial. However, while a […]
A Review of Civil Limitation Periods in Ontario
When contemplating litigation, one of the most important issues to determine is the limitation period of the potential action. No matter how sound a case may be, missing a key date can derail a claim before it even begins. In Ontario, there are two limitation periods which must be observed, depending on the type of […]
Should Canada Modernize Federal Competition Laws?
Canada’s federal Competition Act has not been amended in a significant way in 35 years, since 1986. While some are fine with the status quo, others, including academics, policy researchers, and even the federal Commissioner of Competition, have a different perspective. They say that the law in its current form is not sufficient to address […]