Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the terms of a lease. A recent Ontario decision, Parkland Corporation v. Caledon Fuels Inc.[1], confirms the risk …
Continue reading “Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court”
In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides a stark reminder that lawyers have a professional responsibility to be courteous, particularly in interactions with junior colleagues, and …
Continue reading “Bullying and Legal Ethics: A Warning from Singh v Braich”
In Blair v. Ford, 2021 ONCA 841, Brad Blair (“Blair”) appealed the decision of Justice Belobaba to dismiss Blair’s action against Premier Doug Ford (“Ford”) on the basis that it was a strategic lawsuit against public participation (“SLAPP”). The Court of Appeal dismissed Blair’s appeal and upheld the decision of Justice Belobaba. This is another …
Continue reading “Defamation Claim Against Premier Ford Slapped Down”
A. Introduction In Paramount Fine Foods v Johnston,[1] the Ontario Superior Court of Justice (the “Court”) sentenced the defendant, Kevin J. Johnston (“Johnston”), to 18 months in prison for six acts of contempt arising from his breaches of a permanent injunction. This decision demonstrates that Ontario judges are not reluctant to impose severe penalties for …
The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O. 2002, c. 24 (the “Act”) concerning claims for fraudulent misrepresentation. Overview The defendant, BP PLC (“BP”), is …
Continue reading “Discoverability and Fraudulent Misrepresentation”
Preservation of property during litigation is dealt with under rule 45 of the Ontario Rules of Civil Procedure. The traditional test under rule 45 was designed for situations where the thing being preserved was the subject of the litigation, such as an asset over which ownership was disputed. This test was not appropriate for all …
Continue reading “Critical Ontario Appeal Decision on Preservation of Property”
The Ontario Court of Appeal recently upheld a gift made to beneficiaries under a will, despite the assets being owned by a corporation, and not the deceased himself. This is an important decision that will affect estate planning and will construction. In particular, testamentary gifts that may previously have failed may now be valid. In …
Continue reading “Trezzi v. Trezzi: Can You Gift Assets You Do Not Own?”
Since the Ontario Court of Appeal’s decision in Jones v Tsige,[1] creating an Ontario version of the tort of invasion of privacy called “intrusion upon seclusion”, privacy-related class actions have emerged as a growth area. Many of these have focused on the institutional release of personal information and some have been successfully certified.[2] However, a …
Continue reading “The Limits to Class Action Privacy Claims in Ontario”