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Recent Posts
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- Don’t Let a Judgment Sink You: Summary Judgment Ruling Regarding A Boat Warranty Dispute Set Aside
In McIlwain v. Len’s Cove Marina Ltd., 2025 ONCA 434, the Ontario Court of Appeal overturned a $138,000 default judgment after finding that the defendant, a marina, had a plausible excuse for not responding to a lawsuit and a legitimate defence worth hearing. The dispute in this matter arose after t … Read more »
- Termination Clause Providing Minimum Employment Entitlements Upheld by the Court of Appeal for Ontario
In Bertsch v. Datastealth Inc., 2025 ONCA 379, the Court of Appeal for Ontario addressed the enforceability of a termination clause through the lens of a Rule 21 motion. The appellant was terminated without cause after 8.5 months of employment. Their employment contract provided that, upon terminati … Read more »
- No Strict Deadline for Initiating Mediation Before Seeking Arbitration
In J.P. Thomson Architects Ltd. v. Greater Essex County District School Board, 2025 ONCA 378, the Court of Appeal for Ontario considered the interpretation of a standard form dispute resolution clause (“GC18”) in a contract between an architectural firm and a public-school board. The appellant sough … Read more »
- Recapping Shareholder Remedies and Oppression Claims
Shareholder oppression occurs when majority shareholders or those in control of a corporation engage in conduct that unfairly prejudices, disregards, or harms the interests of minority shareholders. This goes beyond routine business disagreements—it involves a misuse of corporate power that dispropo … Read more »
- Unenforceability of Forum Selection Clause Upheld by Court of Appeal for Ontario
In Integrated Team Solutions PCH Partnership v. Mitsubishi Heavy Industries, Ltd., 2025 ONCA 297, the Ontario Court of Appeal reaffirmed the right of Ontario-based plaintiffs to pursue legal action in the province against international defendants when the alleged harm occurs locally. The case arose … Read more »