The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple...more
10/23/2024
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Dissent rights, entrenched in most provincial corporate statutes, grant shareholders the power to contest significant corporate changes and compel the corporation to repurchase their shares at a fair market value. Central to...more
This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered....more
This column was originally published on RENX.ca. In an episode of The Simpsons in the late ’90s, Marge Simpson takes a job as a real estate agent to make some extra cash. She made her first sale by selling a big, reasonably...more
Navigating the intricate balance between freedom of speech and the confines of a regulated profession is not easy these days, especially with the prevalence of social media. This was precisely the challenge the Ontario...more
In recent years, brick-and-mortar businesses faced hardship with government shutdowns forcing them to pay expenses without revenue. Desperate for relief, tenants sought court help but were consistently denied and required to...more
Business owners often use a strategy to protect their assets from potential creditors seeking to realize on their debts. To protect themselves, business owners can transfer ownership of property to family members or create...more
When parties enter into a transactional contract, they are free to enter into a payment plan agreement for outstanding debt owed under the contract. However, the payment plan itself does not necessarily mean that the parties...more
If you ask most lawyers and potential litigants which issue causes them to lose the most sleep at night, the answer will most often be missing a limitation period. After all, no matter how much money is at stake in a lawsuit...more
In a recent decision, the Ontario Court of Appeal again held that an entire agreement clause in a contract is not a complete defence to claims involving pre-contractual misrepresentation claims. This decision comes on the...more
An entire agreement clause clarifies that the document in which it appears (and any other documents specified) constitutes the whole agreement between the parties. This helps ensure contractual certainty: the parties know...more
A recent decision from the Ontario Court of Appeal has confirmed that an arbitrator has jurisdiction to resolve a dispute through a summary judgment motion. The decision confirms that an arbitrator’s discretion is delineated...more
If you ask most litigators which aspect of their practice keeps them awake at night, nine times out of ten, the answer will be missing a limitation period. This is a valid worry, of course. After all, if the deadline to...more