Amendments to the Rules of Civil Procedure bring overdue modernization to Ontario courts
When it comes to the courts and COVID-19, necessity has definitely been the mother of invention. Same thing for litigation practice generally. Over the past nine months the pandemic has forced Ontario courts (and courts across the country) to modernize and implement technology for remote hearings and electronic filing of documents at an unprecedented pace. It was recently announced that more than 50,000 virtual or remote court hearings have been held over the past 9 months across Ontario. Beyond court hearings, litigators have similarly learned to do everything from initial client meetings to discoveries and mediations using remote videoconferencing technology. ... [more] Full article
Commercial landlord on the hook for tenant shareholder’s loss in share value: Ontario Appellate Court clarifies limits on traditional rule that shareholders cannot sue for wrongs to the corporation
Shareholders of a corporation do not have a personal cause of action for wrongs committed against the corporation – such is the well-known rule in Foss v Harbottle. However, in ... [more] Full article
Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action
In his decision released earlier this Spring, Ontario Superior Court Justice Paul Perell certified a class action in Mancinelli v. Royal Bank of Canada claiming $1.0 Billion in damages against ... [more] Full article
Joint E-Hearings Task Force releases Best Practices for Remote Hearings
During the COVID-19 pandemic, courts and tribunals in Ontario and across the country are turning to video conferences to allow litigants to access justice while still obeying social distancing rules. ... [more] Full article
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Civil Litigation Contributors
Karen Bernofsky
Karen Bernofsky is a strong advocate with a focus on commercial litigation and delivering cost-effective solutions. She advises and represents clients in a broad range of complex insurance matters, construction matters and commercial disputes, including breach of contract and invoice disputes. Karen is also a skilled negotiator with a proven track record in effective mediation advocacy. She has appeared before all levels of courts and administrative tribunals in Ontario as well as before the Federal Court of Canada.
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been recognized for Corporate and Commercial Litigation by Best Lawyers of Canada and has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Alyssa Hall
Alyssa’s growing practice encompasses a broad spectrum of litigation matters including corporate commercial disputes, employment matters, class actions, and competition law. She continues to develop a wide-ranging litigation practice. Prior to becoming a lawyer, Alyssa became dedicated to understanding the intersection of public and private sector interests while working for a public policy centre and a non-profit organization that remains focused on raising investor awareness for Ontario’s advanced manufacturing industry.
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
- Court of Appeal to revisit employee’s right to wrongful dismissal damages regarding shareholdings
- Commercial landlord on the hook for tenant shareholder’s loss in share value: Ontario Appellate Court clarifies limits on traditional rule that shareholders cannot sue for wrongs to the corporation
- Alberta court declines to certify class action alleging negligent performance of investment advisory services
Jacob Millar
Jacob Millar is a versatile lawyer who as a law student and articling student has gained experience in civil and criminal litigation and administrative matters in Ontario, Nova Scotia and the U.K. As an associate with the firm, Jacob represents and advises clients in all manner of commercial disputes and competition law matters.
