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
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
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