Appeals

Privacy Law in Canada Overview What are companies’ obligations when using and collecting their customers’ personal information? How can companies remain compliant with relevant Canadian privacy laws? These questions can be answered by looking at privacy legislation in Canada, specifically PIPEDA. The Personal Information Protection and Electronic Documents Act (“PIPEDA”) is the federal law that...Read More

A Real Estate Agent’s Standard of Care: What is Expected? What is the standard of care that is expected of a real estate agent? What constitutes a breach of such a duty? The Ontario Court of Appeal addresses these questions in Painchaud v Krimker, a case involving a failed Agreement of Purchase and Sale for...Read More

Picketing & Labour Disputes Under the Courts of Justice Act   What constitutes a “party to a labour dispute”? Is secondary picketing not considered picketing in relation to a “labour dispute”? The Ontario Court of Appeal answers these questions in Purolator Inc. v. Canadian Union of Postal Workers, holding that the focus under s. 102...Read More

The Entire Agreement Clause What is an entire agreement clause? How strictly will Ontario courts interpret this common feature of commercial contracts? These questions are addressed by the Ontario Court of Appeal in Spot Coffee Park Place Inc. v. Concord Adex Investments Limited (“Spot Coffee”), where the Court upheld the trial judge’s finding that an...Read More

Handley Rule Overturned: A New Test for Post-Settlement Disclosure and Abuse of Process A Recent Case Reverses a Controversial Settlement Doctrine In a recent decision, the Ontario Court of Appeal (“ONCA”) overruled a 2018 rule, which declared that, in a multi-party dispute, settlements reached between parties must be immediately disclosed to any non-settling parties (the...Read More

Piercing the Corporate Veil: What is Required in Ontario? What are the requirements to “pierce the corporate veil” in Ontario? Specifically, what is the test and how have Ontario courts recently interpreted this equitable remedy? The Ontario Court of Appeal’s decision in Chanderpaul v. Caesars Convention Centre Ltd. speaks to these questions (“Chanderpaul”).[1] In Chanderpaul,...Read More

Why Defendants Left Out of a Settlement May Remain on the Hook When a lawsuit is between a plaintiff and multiple defendants, litigation can get especially complicated, meaning parties are incentivized to settle before trial. One or more defendants settling early can make the proceedings simpler for the remaining parties. But the defendants left to...Read More

As discussed in our recent Walker Law blog post, initiating costly litigation based on meritless claims can attract significant cost consequences. In general, in the Superior Court, the losing side is usually ordered to pay approximately 60-80% of the legal fees or “costs” of the winning side. In addition to the compensatory nature of cost...Read More

At the core of the rights protected under the Canadian Charter of Rights and Freedoms are the basic human rights to life, liberty and security of the person (physical and psychological safety). In Canada, no individual can be deprived of these rights except through fair and just legal procedures in accordance with the principles of...Read More

In Ontario, generally speaking, a party has two years to sue from the date they discovered a wrong. This is called a claim. A claim is considered discovered, for the purposes of starting a lawsuit, on the day on which the person knew that: (1) An injury or damages occurred (2) it was caused by...Read More

One thing that all business owners should do is ensure that they have well-drafted employment contracts that clearly set out the terms of employment that exist between them and each of their employees. As employment litigation lawyers, we recommend that our clients who are employers include provisions in their employment contracts that explain what their...Read More

  Are you looking to challenge the re-zoning of your neighbour’s property or oppose that new 30-storey condominium development in your neighbourhood? If so, your concerns will now be addressed by the LPAT.Read More

In our last article we discussed administrative tribunals and the division of responsibilities between tribunals and courts.Read More