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- Alternative Dispute Resolution in Construction: Collaborative Paths to Settlement
In the construction industry, disputes are almost inevitable. Projects are complex, timelines are tight, and unforeseen issues can disrupt even the best-laid plans. When disagreements arise, many parties turn immediately to arbitration or litigation for an answer. However, this may not be the best o … Read more »
- Silence Is Not Golden: Ontario Court Holds Contractual Termination Must Be Crystal Clear
In a recent decision[1] involving the sale of a pre-construction townhouse in Oakville, the Ontario Superior Court of Justice reaffirmed that a contract does not automatically terminate upon a default by one of the parties. When an innocent, non-breaching party intends to terminate a contract, it mu … Read more »
- When There Is No Will, There Is Still a Way: How to Identify Heirs in Ontario
In most cases when a person dies, beneficiaries are identified in their Will. But when a person dies without a Will (referred to as “intestate”), rules need to be followed to identify who the heirs are. The same issues might arise if a Will is old and the named beneficiaries have predeceased, or in … Read more »
- Protecting Public Interest Expression
Sheridan Retail Inc v Roy, a recent Ontario Superior Court decision, emphasizes the potency of Ontario’s anti-SLAPP (Strategic Lawsuit Against Public Participation) rules, offering a cautionary signal for powerful actors seeking to misuse the civil justice system to silence critics. The decision und … Read more »
- Enforcing Your Trademarks – Infringement vs. Passing Off
Trademarks are valuable business assets. A trademark is a source identifier for a business and a badge of quality for its goods and services. It distinguishes your business, goods and services from the business, goods and services of others in the marketplace. Under Canadian law, trademark infringem … Read more »