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Recent Posts
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- When the Documentary Evidence Speaks for Itself and Warrants an Application
In V2 Investment Holdings Inc. v. Mizrahi, 2026 ONCA 275, the Court of Appeal dismissed an appeal to set aside a judgment granted in favour of the respondent lender, V2 Investment Holdings Inc. (“V2â€�), relating to an outstanding $12.9 million dollar loan used to finance a partially completed mix … Read more »
- Insurers Out of Luck: Civil Fraud Cannot be Pleaded as Separate and Distinct
In Natario v. RBC Insurance Company of Canada, 2006 ONCA 263, the Court of Appeal refused to quash an appeal of an order preventing insurers from adding civil fraud defence. The insurers sought to rely on misrepresentations admitted by the insureds over a span of several years to deny coverage and e … Read more »
- Gilbertson Davis Welcomes Associate Lawyer William Muir!
Gilbertson Davis extends a warm welcome to our newest member William Muir. After obtaining an Honours B.Sc. in Economics (Dalhousie, 2011) and an M.A. in Economics (University of Toronto, 2012) William obtained his J.D. at the University of Toronto (2015), where he was Co-Editor-In-Chief of the Univ … Read more »
- Carelessness is Not Enough to Amount to Civil Fraud the Court of Appeal Confirms
In Bank of Montreal v. Makhija, 2026 ONCA 221, the Ontario Court of Appeal confirmed that civil fraud requires proof of knowing or reckless misrepresentation and reliance and will not be found where the defendant reasonably believed the transaction was legitimate and did not make the misrepresentati … Read more »
- Location, Location, Location – Determining Jurisdiction when Liability is Contested in International Enforcement of Arbitration Award
In Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.p.A., 2026 ONCA 28, the Ontario Court of Appeal upheld a stay of Ontario enforcement proceedings on the grounds that Ontario was not the more appropriate jurisdiction and forum to determine liability. The Appellant, Sociedad Consulti … Read more »