The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

ontario court of appeal


 

Competition Law Review 2017

Review of major Canadian Competition Law developments over the past year, including: Top Stories, Criminal, Mergers, Reviewable Matters, Private Applications, Private Actions and Class Actions, Marketing Practices, Guidance. [more] Full article

Short and Sweet: SCC Clarifies Summary Judgment Rules, Judicial Powers

The Supreme Court of Canada recently clarified how motion judges should exercise their fact-finding and summary judgment powers under rule 20.04(2.1) and (2.2) of the Rules of Civil Procedure. In ... [more] Full article

Philthy McNasty’s case clarifies franchise limitations periods

Philthy McNasty's did not fare well when the Ontario Court of Appeal recently examined the issue of limitation periods in respect of statutory rescission claims under the Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act"). [more] Full article

Investment industry practice can be considered in determining whether contract is formed, Court of Appeal rules

In its decision earlier this year in UBS Securities Canada, Inc. v. Sands Brothers Canada, Ltd., the Ontario Court of Appeal examined the extent to which industry custom and common practice may be utilized in determining whether a contract has been formed between two parties. In particular, the investment industry practice of conducting multi-million dollar deals over the telephone was cited by the Court in finding that a binding agreement for the purchase and sale of shares had been concluded between the parties to this litigation and in ordering specific performance of that agreement. [more] Full article