Information About Commercial Litigation Insights
Below is a preview of the five most recent posts from the blog Commercial Litigation Insights. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- The Bluberi Decision: “No” to Vote-Rigging and “Yes” to Litigation Funding
On May 8, 2020, the Supreme Court of Canada (“SCC”) released its decision in 9354-9186 Québec inc. v. Callidus Capital Corp., after hearing arguments on January 23, 2020. The appeal arose out of a proceeding under the Companies Creditors’ Arrangement Act (the “CCAA”), and the decision provides … Read more »
- “Automatic, Immediate and Ongoing”: The Court of Appeal Emphasizes the Fundamental Obligation of Litigants to Disclose Relevant Documents
The Ontario Court of Appeal recently upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. While the facts of the Falcon Lumber Limited v 2480375 Ontario Inc. are relatively … Read more »
- Court of Appeal Confirms its Jurisdiction to Hear Appeals in Writing Over the Objection of a Party
In 4352238 Canada Inc. v SNC Lavalin Group Inc., the Ontario Court of Appeal gave notice that it is determined to proceed with appeals, where possible to do so, during the COVID-19 pandemic emergency, but that it will be flexible in its approach. The matter is described in the Court’s reasons as … Read more »
- Rectification on the Basis of Implied Terms and Business Efficacy
The Ontario Court of Appeal recently reviewed the law applicable to rectification claims and the interpretation of contracts in 2484234 Ontario Inc. v Hanley Park Developments Inc. After applying contractual interpretation principles to the parties’ prior agreement and implying a term in that agr … Read more »
- Can an Execution Creditor Realize Any Benefits from a Debtor’s Beneficial Interest?
Obtaining a judgment for damages is sometimes half the battle. Actually realizing on that judgment might turn into another long, drawn-out fight with no guarantee of success. In 1842752 Ontario Inc. v. Fortress Wismer 3-2011 Ltd. et al., the Court of Appeal considered a judgment creditor’s attemp … Read more »