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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!
- Parties Must Check their Biases at the Door When Exercising Contractual Rights
In Elias Restaurant v Keele Sheppard Plaza Inc., 2020 ONSC 5457, Justice Morgan of the Ontario Superior Court of Justice commented on the racist overtones of the evidence adduced by a landlord and held that the societal realities pertaining to Black businesspeople must be factored into the exercise … Read more »
- The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption
In Grasshopper Solar Corporation v Independent Electricity System Operator,[1] the Court of Appeal agreed that a contractual party has a right to terminate a contract without paying damages if the other party does not achieve the performance to which it agreed in the contract. The Court also held t … Read more »
- A Deal’s a Deal: The Enforcement of Settlements
A short decision from the Court of Appeal for Ontario in Neilas (799 College St) Inc. v Houston Engineering & Drafting Inc.,[1] released on August 6, 2020, suggests that litigants will be hard-pressed to unwind settlements on the basis of allegations against their own counsel. The appeal concerned a … Read more »
- Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)
In Atlantic Lottery Corporation Inc. v Babstock[1] released on July 24, 2020, the Supreme Court of Canada unanimously held that “waiver of tort” was not a cause of action, and that this term was a misnomer that should not be used. In addition, the Court provided some guidance as to the availability … Read more »
- Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle
The recent decision of the Ontario Court of Appeal in Tran v Bloorston Farms Ltd., 2020 ONCA 440, provides a helpful explanation and clarification of the rule in Foss v Harbottle (1843), 67 ER 189 (UKHL). The decision shows that there are circumstances in which a shareholder may have a cause of act … Read more »