2021: Contracts year in review
Commercial litigators often lament the fact that Canada’s highest court sometimes appears increasingly uninterested in commercial issues and unwilling to grant leave to appeal in commercial cases – even ones that raise serious issues that have a broad impact on transactions and disputes across Canada. Well, 2021 has bucked that perceived trend with many important commercial decisions emerging last year – in particular, on issues of contract law and the contractual duty of good faith and honest performance that stemmed from the 2014 Supreme Court of Canada Decision in Bhasin v. Hrynew, 2014 SCC 71. Here are a few of those ... [more] Full article
Commercial lease not renewed in time; landlord’s silence as to deadline not bad faith
In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, 2021 ONCA 349 (CanLII), the Court of Appeal for Ontario upheld a decision that rejected Subway’s attempts to ... [more] Full article
Banks Do Not Owe A General Duty Of Care To A Customer To Prevent “Insider Abuse”
TD bank successfully defended an action brought against it by a customer in a Ponzi scheme case in McDonald and Dickson v. TD Bank, 2021 ONSC 3872. The result came ... [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
Commercial Litigation Contributors
- Anti-SLAPP (RSS) (3)
- Appeals and Judicial Review (RSS) (29)
- Arbitration (RSS) (19)
- Attacks on Business Interests (RSS) (5)
- Attacks on Reputation (RSS) (4)
- Banking Litigation (RSS) (10)
- Broker/Dealer litigation (RSS) (9)
- Civil Litigation (RSS) (13)
- Class Actions (RSS) (53)
- Conflicts of Law and Enforcement of Foreign Judgments (RSS) (16)
- Construction (including Performance and L&M Bond Defense) (RSS) (4)
- Corporate Litigation (RSS) (10)
- Debtor-Creditor and Banking Litigation (RSS) (10)
- Defamation (RSS) (9)
- Disputes over Contracts (RSS) (31)
- Disputes within Companies and Partnerships (RSS) (16)
- Employment Litigation (RSS) (29)
- Enforcement of Foreign Judgments (RSS) (7)
- Franchises (RSS) (4)
- Frauds, Misrepresentation, Deceit (RSS) (19)
- Injunctions (RSS) (10)
- Insurance Defence (RSS) (5)
- Intellectual Property (RSS) (5)
- International Trade (RSS) (6)
- Investor-State Disputes (RSS) (3)
- Legal Crisis Management (RSS) (2)
- Mediation and other Alternative Dispute Resolution (RSS) (8)
- Privacy Law (RSS) (4)
- Privilege (RSS) (1)
- Products Liability (RSS) (2)
- Professional Negligence and Discipline Hearings (RSS) (11)
- Remedies for Emergency Relief (RSS) (2)
- Securities Litigation (RSS) (73)
- Securities Regulatory (RSS) (11)
- Shareholder Litigation (RSS) (12)
- Speaking Engagements (RSS) (9)
- White Collar Crime (RSS) (5)
- Wrongful Dismissal (RSS) (11)