Information About Commercial Litigation Insights
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!
Note: Part I can be read here. Arnup Leaves and an Offer Is Made Shortly after I joined WeirFoulds, John Arnup left the firm for the Court of Appeal. I had been hired as Arnup’s junior. Jack Weir came to my office and said he hoped that I would stay at the firm. I said that I appreciated his visit … Read more »
- Appealing Forum Non Conveniens: Key Considerations
The recent decision of the Ontario Court of Appeal in GIAO Consultants Ltd. v 7779534 Canada Inc., 2020 ONCA 778 (“GIAO Consultants”) provides some key considerations for parties in forum non conveniens disputes. In GIAO Consultants, the appellants appealed a decision that the Superior Court had ju … Read more »
- Limitation Periods and COVID-19: Where Do Things Stand?
Courts across Canada shut down for a period of time in 2020 to respond to the COVID-19 pandemic. Several provinces and one territory suspended limitation periods in civil matters during that time and, in some cases, for some time after courts resumed their operations. The suspension orders have sinc … Read more »
- The Supreme Court of Canada Clarifies the Application of the Duty of Honest Performance in the Context of the Exercise of Unilateral Termination Clauses
On December 18, 2020, the Supreme Court of Canada released its decision in C.M. Callow Inc. v Zollinger, in which it took the “opportunity to clarify what constitutes a breach of the duty of honest performance where it manifests itself in connection with the exercise of a seemingly unfettered, un … Read more »
- Seller Beware: Ontario Court of Appeal Confirms that a Purchaser’s Inspection does not always Relieve the Vendor of Liability for Misrepresentations
The general rule regarding the purchase of real property is that the purchaser must satisfy himself or herself of the suitability of the property he or she seeks to purchase – Caveat emptor. There are, of course, exceptions. A vendor must disclose defects that would not be obvious upon inspection … Read more »