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COVID-19: Effect on the Landlord and Tenant Board and Evictions

On March 19, 2020, in response to COVID-19, Tribunals Ontario advised the public that certain hearings and applications were being suspended, including: All hearings related to eviction applications, unless the matter relates to an urgent issue such as an illegal act or serious impairment of safety; and The issuance of eviction orders, unless the matter […]

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 […]

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 […]

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 […]

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