Service Area: Commercial Litigation

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Commercial Litigation

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Posted June 14, 2019

Service Mold + Aerospace Inc. v Khalaf: The Court of Appeal Reviews Partial Summary Judgment and Discoverability

In the recent Court of Appeal decision of Service Mold + Aerospace Inc. v Khalaf, the Court of Appeal confirmed its prior guidance on when[...]

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Commercial Litigation

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Alexander Bissonnette

Posted May 8, 2019

Mason v Perras Mongenais: Partial Summary Judgment Revisited

In the years following the landmark Supreme Court of Canada decision of Hyrniak, there has been a notable shift towards parties bringing summary judgment motions[...]

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Commercial Litigation

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Posted March 28, 2019

Private Loans

Private loans, or loans between individuals are a common alternative to financing through a commercial lending company or bank. However, sometimes, the terms of private[...]

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Commercial Litigation

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Alexander Bissonnette

Posted March 19, 2019

For Whom the Limitation Period Tolls: Agreements under Section 11 of the Limitations Act

In the recently released decision of 1853491 Ontario Inc. v Regional Waste North Inc. (2019 ONCA 37) the Court of Appeal explained when a limitation[...]

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Commercial Litigation

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Posted March 11, 2019

General and Punitive Damages in Ontario

The general rule in civil litigation in Ontario (and Canada) is that a party should be compensated for damages that another party has caused them[...]

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Commercial Litigation

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Posted February 25, 2019

Is an “Agreement to Agree” Enforceable?

It is a general rule of contractual law in Ontario that a contract is formed when two parties have a “meeting of the minds” –[...]

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Commercial Litigation

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Posted January 24, 2019

Frivolous, Vexatious or Abusive Claims: The Ontario Court of Appeal Addresses Notice Requirements Under Rule 2.1.01 of the Rules of Civil Procedure

The Ontario Rules of Civil Procedure provide a mechanism for addressing occasions where a litigant advances a claim that is frivolous, vexatious or otherwise an[...]

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Commercial Litigation

By:

Alexander Bissonnette

Posted January 10, 2019

Specific Performance for Commercial or Investment Properties?: The Court of Appeal Clarifies

In the recent Ontario Court of Appeal decision of THMR Development Inc. v 1440254 Ontario Ltd., the Court of Appeal clarified the issue of when[...]

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Commercial Litigation

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Posted December 19, 2018

Ontario Court of Appeal Comments on the Duty of Honest Performance

A recent Ontario Court of Appeal decision expands upon the application of the duty of honest performance in contractual relations. In 2014, the Supreme Court[...]