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Recent Posts
Below is a preview of the five most recent posts from the blog Wagner Sidlofsky LLP. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Freezing Assets and Searching Premises in Civil Disputes
Mareva and Anton Piller orders are two extraordinary forms of civil injunctive relief that may be granted prior to a full trial. Often, these orders are obtained without notice. To obtain these types of relief, the threshold to meet is high because the consequences are significant. The post Freezing … Read more »
- Sealing Orders: Overcoming the Open Court Principle
Parties to a lawsuit are often surprised to learn that the accusations thrown at them, and at times deeply personal information about them, may be filed in the court system and open to the entire public. Instinctually, many parties may wish to have certain personal information disclosed in the litig … Read more »
- Court of Appeal for Ontario Weighs in on Forum Selection and Arbitration Clauses in Cryptocurrency Class Actions
Investors often consider cryptocurrency and digital assets to be global assets and are not cognizant of the jurisdictional and legal issues that can apply in the event of a dispute. For Canadians investing in such assets, the applicable legal jurisdiction should not just be considered to be a periph … Read more »
- Is Failure to Serve a Beneficiary Fatal to a Will Challenge?
An analysis of Rule 9.01(1) and (2)and Lev v. Lev. In estates and trusts related matters, both Ontario’s Rules of Civil Procedure and Manitoba’s Court of King’s Bench Rules permit litigation being brought against a trustee without joining beneficiaries as parties subject to certain exceptions. I … Read more »
- Rule 17 Service Outside Ontario & An Analysis of Kaplan v. Heber
How do you go about serving extrajudicial documents on parties outside of Ontario? Are courts strict in their enforcing the rules governing service? Let’s start the conversation by saying that service of legal documents on parties outside Ontario is a laborious, arduous and involved task. The po … Read more »