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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!
- 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 »
- Enforcing foreign judgments in Ontario: here comes the story of the hurricane
The tale of the fight between Antiguan company HMB Holdings Limited (“HMB“) and the Government of Antigua and Barbuda enters a new decade and continues in the Great White North. Earlier this month, a majority of Ontario’s top court dismissed the appeal of a decision that refused an application by HM … Read more »
- Contractual Rights as the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members
While voluntary associations usually deal with their members in an informal and non-legalistic manner, a recent decision of the Court of Appeal for Ontario is a good reminder that members of voluntary associations can have enforceable legal rights based on the association’s constitution and by-laws, … Read more »
- Multi-Jurisdictional Class Actions – Court Clarifies the Doctrine of Abuse of Process
In DALI 675 Pension Fund v SNC Lavalin, 2019 ONSC 6512, the Ontario Superior Court provided guidance about the court’s ability to stay a class action at the pre-certification stage. Belobaba J. addressed whether a proposed class action, that arises from the same set of facts as another action commen … Read more »