The Pleading of Ulterior Motive
In the recent decision of Huachangda Canada Holdings Inc. v. Solcz Group Inc. (2019 ONCA 649), the Court of Appeal addressed when a defendant may plead or allege that a plaintiff has an ulterior motive for bringing the claim. In its decision, the Court of Appeal clarified that there is no absolute rule against alleging […]
Service Mold + Aerospace Inc. v Khalaf: The Court of Appeal Reviews Partial Summary Judgment and Discoverability
In the recent Court of Appeal decision of Service Mold + Aerospace Inc. v Khalaf, the Court of Appeal confirmed its prior guidance on when partial summary judgment is appropriate and also confirmed how the test for discoverability under the Limitations Act is to be applied objectively. Background Service Mold + Aerospace Inc. v Khalaf […]
Mason v Perras Mongenais: Partial Summary Judgment Revisited
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 judgment. However, in the recent Court of Appeal decision of Mason v Perras Mongenais, the Court of Appeal revisited the rules on cases where partial […]
For Whom the Limitation Period Tolls: Agreements under Section 11 of the Limitations Act
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 parties having agreed to refer the dispute to an independent third party for assistance in resolving it, based on Section 11 of […]
Specific Performance for Commercial or Investment Properties?: The Court of Appeal Clarifies
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 determined that a claim for specific performance for commercial or investment uses could succeed. Background: The decision was an appeal from an application […]
Seeing Through Shell Corporations: The Court of Appeal Addresses Complex Fraud Cases
The recent Ontario Court of Appeal decision of DBDC Spadina Ltd. v Walton (2018 ONCA 60) has created clarity on when corporations can be found liable on the basis of knowing assistance and knowing receipt. The decision also suggests that Courts have some discretion to be flexible in looking beyond formal corporate structures, which may provide reassurance […]