CONTRIBUTORS: MEREDITH HAYWARD, KENNETH DEKKER, PAUL EMERSON, KYLE PETERSON,AND ADAM WYGODNY SUPREME COURT OF CANADA CONFIRMS LITIGATION PRIVILEGE OF LIMITED DURATION In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it “expires with the litigation of which it was born.” … and [...]

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Prima facie all covenants in restraint of trade are illegal and therefore unenforceable. Recently, this pillar of the law of contract has been given a new, albeit off-putting, coat of paint.

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An insured must inform its insurer of any facts that affect its insurability or that an insurer would consider relevant in assessing risk. This duty to disclose such facts exists even in the absence of a specific request for them. An insured may face coverage issues if it breaches this obligation and withholds facts that [...]

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A contractor who made a mistake in price in a tender cannot walk away from its bid, even if the tender instructions call for submission of additional documentation, in which the mistake becomes obvious, the Ontario Court of Appeal recently held.[1] This decision is an important re-affirmation of the principle that contractors are bound by [...]

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Morgis v. Thomson Kernaghan & Co. (2003), 65 O.R. (3d) 321 (C.A.) In a recent decision, Ontario’s highest Court considered whether liability can be imposed on the Investment Dealers Association of Canada (the “IDA”) for the economic losses sustained by investors in their margin accounts with an IDA member. As a result of sustaining substantial [...]

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