Information About Gilbertson Davis LLP Blog
Recent Posts
Below is a preview of the five most recent posts from the blog Gilbertson Davis LLP Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Defamation Fair Comment Defence Upheld by Court of Appeal in Media Company’s Broadcast and Publication of Union’s Participation in Demonstration
In Canadian Union of Postal Workers v. Quebecor Media Inc., 2026 ONCA 562, the Court of Appeal dismissed the Canadian Union of Postal Workers’ (“CUPW”) appeal from the trial judge’s dismissal of their defamation action. CUPW brought an action against the respondent, Quebecor Media Inc. (“Quebecor”) … Read more »
- Repeated Property Transfer Breaches Will not be Tolerated by Court of Appeal
In Paterson Veterinary Professional Corporation v. Stilton Corp. Ltd., 2026 ONCA 590, the Court of Appeal upheld an order to transfer property title after two refusals to close, noting that the would-be seller repeatedly breached its contractual obligations. This proceeding involved an agreement of … Read more »
- Mitigating damages in a failed closing of a pre-construction house purchase agreement: Eyelet Investments Corp v Lin Zhou
When a purchaser of a real estate property fails to close and the vendor takes reasonable steps to sell the property at arm’s length, the measure of damages is usually the difference between the contract price and the resale price. However, as in Eyelet Investments, this is not always the case. A ve … Read more »
- Commercial arbitration or the Ontario Superior Court? Jurisdiction and the competence-competence principle applied from Peace River
Which forum is appropriate to determine jurisdiction of the underlying commercial dispute: the Ontario Superior Court of Justice or arbitration under the International Commercial Arbitration Act? In Bombardier Inc. v Alstom Rail Sweden AB, 2026 ONCA 528 (CanLii), the Ontario Court of Appeal reviewed … Read more »
- Can an employment contract be frustrated by a disability or illness of the employee in Ontario? Hill v B&B Towing
The Ontario Court of Appeal has affirmed that an employee’s illness or disability will frustrate an employment contract only in circumstances where the condition is sufficiently enduring to prevent the employee from performing the essential duties of the employment within a reasonable time. Temporar … Read more »