Last blog added on Thursday, January 14th, 2021

Information About MF Litigation’s Blog

Recent Posts

Below is a preview of the five most recent posts from the blog MF Litigation’s Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • The End of Partial Summary Judgment?

    A motion for summary judgment is one of the methods available to shorten the length and cost of civil actions in Ontario. A party to litigation can request a matter be decided without a formal trial if they can demonstrate that there is no genuine issue to be decided at trial. The leading decision o … Read more »

  • The Importance of a Comprehensive Shareholder Agreement

    The existence of a carefully thought-out shareholder’s agreement can go a long way to avoiding costly and time-consuming litigation. Shareholder agreements can set out the terms for various transactions in advance, determine how shareholders and directors are appointed, and a variety of other issues … Read more »

  • Waiver of Tort as a Cause of Action or the Disgorgement Remedy-The Cultural Shift to Early Resolution Continues

    There has been an ongoing controversy in Canada’s courts over whether the doctrine of ‘waiver of tort’ was sufficient to create a cause of action on its own. The Supreme Court of Canada (SCC) had briefly considered the issue in Pro-Sys Consultants Ltd. v Microsoft Corporation, however, this decision … Read more »

  • The Contractual Duties of Good Faith & Honest Performance

    The Supreme Court of Canada (SCC) originally created a duty of “good faith in contractual performance” in its 2014 decision of Bhasin v. Hrynew. In the decision, the SCC recognized an organizing principle of good faith that parties generally must observe in order to perform their contractual duties … Read more »

  • Fraud, Letters of Credit & the Autonomy Principle

    A standby letter of credit is a promise from a bank to a creditor that the bank will pay funds to the creditor in the event of a default by a debtor, so long as certain conditions are met. For example, a commercial landlord may require a standby letter of credit from a tenant’s bank to ensure paymen … Read more »