Service Area: Commercial Litigation

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Commercial Litigation

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Posted March 28, 2019

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[...]

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Commercial Litigation

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Alexander Bissonnette

Posted March 19, 2019

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[...]

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Commercial Litigation

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Posted March 11, 2019

General and Punitive Damages in Ontario

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[...]

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Commercial Litigation

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Posted February 25, 2019

Is an “Agreement to Agree” Enforceable?

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

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Commercial Litigation

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Posted January 24, 2019

Frivolous, Vexatious or Abusive Claims: The Ontario Court of Appeal Addresses Notice Requirements Under Rule 2.1.01 of the Rules of Civil Procedure

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[...]

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Commercial Litigation

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Alexander Bissonnette

Posted January 10, 2019

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[...]

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Commercial Litigation

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Posted December 19, 2018

Ontario Court of Appeal Comments on the Duty of Honest Performance

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[...]

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Commercial Litigation

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Posted November 5, 2018

Minority Shareholders Have Rights Too

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[...]

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Commercial Litigation

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Posted August 16, 2018

You’ve been served…now what?

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[...]