In the years following the landmark Supreme Court of Canada decision of Hyrniak, there has been a notable shift towards parties bringing summary judgment motions seeking full or partial summary [...]

Private loans, or loans between individuals are a common alternative to financing through a commercial lending company or bank.  However, sometimes, the terms of private loans are significantly [...]

In the recently released decision of 1853491 Ontario Inc. v Regional Waste North Inc. (2019 ONCA 37) the Court of Appeal explained when a limitation period could be suspended (or tolled) by the [...]

The general rule in civil litigation in Ontario (and Canada) is that a party should be compensated for damages that another party has caused them to suffer. A crucial part of any lawsuit is [...]

It is a general rule of contractual law in Ontario that a contract is formed when two parties have a “meeting of the minds” – that is, when they have simultaneously agreed to a contract involving [...]

The Ontario Rules of Civil Procedure provide a mechanism for addressing occasions where a litigant advances a claim that is frivolous, vexatious or otherwise an abuse of process.  Pursuant to [...]

In the recent Ontario Court of Appeal decision of THMR Development Inc. v 1440254 Ontario Ltd., the Court of Appeal clarified the issue of when specific performance is an appropriate remedy, and [...]

A recent Ontario Court of Appeal decision expands upon the application of the duty of honest performance in contractual relations. In 2014, the Supreme Court of Canada held that good faith [...]

Minority shareholders should not assume that their interests will always be secondary to the will of majority shareholders. Certainly, in general, majority shareholders carry the bigger stick; [...]

Being named as a defendant and served with a claim in Ontario can be overwhelming, often coming out of left field.  If it is your first time involved in the litigation process, there are several [...]