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Recent Posts
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!
- Suing the Crown in Ontario: Special Rules Apply
Any party planning to sue the provincial Crown in Ontario should carefully review the Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17 (“CLPA”). The Court of Appeal’s recent decision in Corrigan v. Ontario, 2023 ONCA 39 (“Corrigan”) shows the result of disregarding its provision … Read more »
- Court of Appeal Clarifies Scope of the Tort of Intrusion Upon Seclusion in Cases of Data Breaches
On November 25, 2022, the Ontario Court of Appeal released a trilogy of decisions (Owsianik v Equifax Canada Co., 2022 ONCA 813, Obodo v TransUnion of Canada, Inc., 2022 ONCA 814, and Winder v Marriott International, Inc., 2022 ONCA 815, collectively, the “Data Breach Cases”) which all related to w … Read more »
- Supreme Court of Canada: Arbitration agreements may be inoperative where ‘chaotic arbitral processes’ would compromise resolution of a receivership
The Supreme Court of Canada’s (“SCC“) recent decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River“), clarified whether, and in what circumstances, a contractual agreement to arbitrate should give way to a court‑ordered receivership under s. 243 of the Bankruptcy and In … Read more »
- Ontario Court of Appeal Doubles Down on Entire Agreement Clauses Not Precluding Misrepresentation Allegations
In 10443204 Canada Inc v 2701835 Ontario Inc, 2022 ONCA 745, the Ontario Court of Appeal (the “Court”) overturned a summary judgment decision where the motions judge elected to enforce an entire agreement clause in the face of a claim of fraudulent misrepresentation. . This decision is in line with … Read more »
- Interpreting Efforts Clauses in a Commercial Contract
Canadian courts have gone to great lengths to assign distinct, differing meanings to efforts clauses. The terms “best efforts”, “commercially reasonable efforts”, and “commercially reasonable best efforts” (together, “efforts clauses”) are often used to indicate the efforts and lengths a party must … Read more »