The Ontario Court of Appeal recently clarified the difference between mutual and unilateral contractual mistake in the case of Royal Bank of Canada v. El-Bris Limited. Laskin J.A., writing for the court, explained that the four prerequisites set out by the Supreme Court of Canada in Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club only apply to cases of unilateral, not mutual, contractual mistake.

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Two recent OSC decisions have sided against securities regulators on issues of documentary disclosure. In one case, an OSC panel found that there had been too much disclosure by OSC staff and, in another case, there had not been enough disclosure.

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In a decision released last month, the Ontario Court of Appeal agreed with the finding of Cullity J. of the Superior Court of Justice that foreign class actions that include Canadian plaintiffs as class members may be recognised and enforced in Ontario – as long as Ontario plaintiffs are given sufficient procedural protections in the [...]

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In Canada, “check” is spelled “cheque”; and cheques are, of course, generally written in Canadian dollars and drawn on Canadian banks. Those are not, however, the only differences between Canadian and US law and banking practices relating to cheques.

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I have been asked to speak on the topic of construction bonds. In speaking to you today I shall attempt to avoid, where possible, boring you with endless legal jargon and precedents but concentrate on practical advice from one who has had to deal with a number of substantial bond claims in several Provinces of [...]

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