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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!
- Ontario Court of Appeal Addresses Use of Fresh Evidence in Obtaining a Declaration that Judgment Debt Survives Bankruptcy
In a recent decision, the Ontario Court of Appeal approved the use of “fresh” evidence in obtaining a declaration that a judgment debt for statutory breach of trust survives bankruptcy. In the case of Yanic Dufresne Excavation Inc. v. Saint Joseph Developments Ltd., 2022 ONCA 556 (“Yanic”), the Cour … Read more »
- Modernizing Oral Examinations: Changes Are Coming to Rule 34
The Ontario Civil Rules Committee has issued a consultation paper and is seeking input on potential changes to Rule 34 of the Rules of Civil Procedure, RRO 1990, Reg 194, governing oral examinations. This consultation reflects concerns that Rule 34 currently does not give adequate prominence to the … Read more »
- Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding
Earlier this year, the Ontario Superior Court of Justice released its decision in Obsidian Group Inc. v. Google LL, 2022 ONSC 84, in which Justice Morgan reviewed the principles governing personal service of an originating process and motions brought before the commencement of a proceeding under Rul … Read more »
- Canadian vs. U.S. Defamation Trials: What if Depp v. Heard Took Place in Canada?
The Depp-Heard trial, which dominated headlines for weeks, culminated in a decision awarding Johnny Depp $15 million for his lawsuit and Amber Heard $2 million for her countersuit. The media sensation and social media commentary surrounding the trial has much to do with Depp and Heard’s celebrity st … Read more »
- When is a Pollutant Not a Pollutant: Total Pollution Exclusions in Commercial General Liability Policies
On June 2, 2022, the SCC dismissed an application for leave to appeal from the Ontario Court of Appeal’s decision in Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908. Mr. Hemlow carried on business as a mechanical contractor. He applied for and received a Commercial General Lia … Read more »