How Does the Court Handle Dueling Oppression Applications Between Shareholders?
The recent Superior Court decision of Leis v Lee (2021 ONSC 3683), which involved dueling oppression applications by two shareholders, provides guidance as to how the Court will handle oppression claims in a situation where two shareholders engaged in potentially oppressive conduct toward the other, and where both contributed to the disagreement between them. Background […]
When Will A Court Stay a Judgment Pending Appeal?
The 2021 Court of Appeal decision in Republic Developments Inc. v Butt demonstrates when the Court of Appeal will grant a stay of a decision while an appeal of that decision is heard, and reiterates that the test does not involve a detailed review into the merits of the appeal itself. Background The litigation arose […]
The Effect of Mistake on the Enforceability of Minutes of Settlement
The recent Court of Appeal decision in Kearns v Canadian Tire Corporation Limited examined when a settlement is enforceable in cases of mistake, specifically when a party executed Minutes of Settlement with a mistaken understanding of the material facts. Background The litigation arose out of the termination of the Plaintiff’s employment by Canadian Tire. Canadian […]
Substance over Form: Notices of Rescission and the Wishart Act
The 2020 Court of Appeal decision of 2352392 Ontario Inc. v Msi, examined the issue of the necessary requirements for a valid notice of recession under Ontario’s Arthur Wishart Act (“Wishart Act”), more specifically, whether a pleading delivered in the course of litigation could constitute a valid notice of rescission, or whether a separate notice […]
Breaches of Commercial Leases and the Effect of a Sale on Damages
The Superior Court decision of T & C Holdings Limited v Booster Juice Inc. (2020 ONSC 1942) provides insight as to how the Court will determine the quantum of damages owing to a landlord upon the breach of a commercial lease, including the effect of a sale of the commercial property by the landlord on […]
Forget RoboCop… Introducing RoboCounsel: World’s First Robot Lawyer Promises to “Sue Anyone at the Press of a Button”
Over the last century, our world has become substantially streamlined and automated in the context of how we obtain services—many businesses have gone online and opted to use automated bots to support and facilitate the customer experience. The COVID-19 pandemic has also exacerbated this trend in other sectors including education, healthcare, and the food industry. […]
The Continuing Effect of COVID-19 on Litigation Matters
Two recent decisions from Ontario’s Superior Court of Justice and the Ontario Court of Appeal illustrate the scope of changes in processes and procedure that Courts in Ontario are making to litigation matters. These cases also underscore an expectation for counsel and parties to cooperate and to be open to the use of different processes […]
COVID-19: Recent Decisions Emphasize Cooperation and Civility Amongst Litigants and Lawyers
Two recent Superior Court decisions illustrate that Courts and Judges in Ontario have the expectation that lawyers and litigants will be civil and cooperative during this time, particularly with respect to procedural or scheduling matters or issues. First, in Wang v 2426483 Ontario Limited (2020 ONSC 2040), Justice Myers released an endorsement pertaining to the […]
COVID-19 and its Effect on Civil Litigation Matters
While the Superior Court of Justice has suspended most hearings in response to the COVID-19 pandemic, recently released decisions show how the COVID-19 pandemic is already affecting civil litigation matters in the Province of Ontario. One such decision is Lancaster Group Inc. v. Kenaidan Contracting Ltd. (2020 ONSC 1653), which was a decision on a […]
