Information About Commercial Litigation Insights
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- Substance Over Form in the Enforcement of Franchisees’ Statutory Rescission Rights: the Anomalous Case of Notice by Pleading
In a decision released on March 23, 2020, the Ontario Court of Appeal favoured substance over form in finding that a franchisee could properly discharge its obligation to give written notice of rescission of a franchise agreement under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 … Read more »
- A New Cause of Action: The Supreme Court Expands the Scope of Corporate Liability for International Human Rights Violations
On February 28, 2020, the Supreme Court of Canada released its decision in Nevsun Resources Ltd. v Araya, in which it held that a Canadian corporation could potentially be held liable for a breach of customary international law. Notably, the Court held that “it is not ‘plain and obvious’ that cor … Read more »
- Appeal Dismissed: There Was No Other Explanation for the Fire, but There Was Also No Expert Evidence…
One would expect, when hiring a plumber, that the plumber will not cause a fire when using a blowtorch and solder. If a fire breaks out shortly after the plumber used a blowtorch and solder, in the vicinity of his/her work area, one might assume that the fire was caused by the plumber’s work. Howeve … Read more »
- Flexible Boundaries: The Scope of “Surrounding Circumstances” in Contract Interpretation
Modern contract interpretation requires a court to read the words used in a contract in a manner consistent with the “surrounding circumstances” known to the parties at the time of formation of the contract. This was the 2014 ruling of the Supreme Court of Canada in Sattva Capital Corp. v. Creston … Read more »
- Internal Communications with Law Firm Committees: Privileged?
In Lipson v Cassels Brock & Blackwell LLP, 2019 ONSC 5483, 148 O.R. (3d) 146, a class action by investors against a law firm, Justice Perell revisits the law of privilege, but in the context of the internal workings of a law firm. The issue before him was the following: were the communications aris … Read more »