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Bullying and Legal Ethics: A Warning from Singh v Braich

In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides...more

Your Contractor Messed Up. Can you Fire Them?

Suppose you own a commercial building and intend to lease it to various tenants. But before you do, you need to make a number of improvements, so you hire a contractor. The contract between you and the contractor is...more

Entire Agreement Clauses Do Not Preclude Claims for Pre-Contractual Negligent Misrepresentations

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 Is Not a Complete Bar to a Fraudulent Misrepresentation Defence

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

Bad Reviews – Defamation or Not?

With social media, the number of defamation cases has increased. What is defamation? In a nutshell, it means that someone has written something about you that jeopardizes your reputation. Take the following example: “The...more

Damages for Identity Theft? Think Again.

In this day in age, data breaches are common. Digital extortionists will use sophisticated techniques to obtain confidential and private information of millions of individuals from well-known platforms like Yahoo and Shopify....more

Litigation Law Newsletter, Volume 2, Number 2: Future of Litigation in Ontario

With the onset of Covid, the litigation system in Ontario needed to adjust.  This newsletter explains those adjustments and how they will impact you, as a litigant, going forward: What does this mean for you as the litigant? ...more

Discoverability and Fraudulent Misrepresentation

The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O....more

Security for Costs

Security For Costs Explained - As discussed in Volume 1, Number 4, an unsuccessful party at trial is generally required to pay 60 percent of the successful party’s legal fees.  Thus, if the successful party incurred costs of...more

Can a Purchaser Void a Contract Based on the COVID-19 Pandemic?

The COVID-19 pandemic has caused a severe economic dislocation and altered the way many businesses operate. In some cases, parties have entered into deals to purchase businesses that have dramatically changed due to the...more

Limitation Periods

Given the ongoing pandemic, many purchasers are unable to pay their vendors for products they received. Many vendors have tried their best to accommodate these purchasers by delaying payment dates or entering into payment...more

Onerous Conditions

In my previous blog (Volume 1, Number 2), I discussed the importance of reading contracts before signing them. As a refresher, if you sign a contract, you are generally bound by the terms of the contract even if you had not...more

11/2/2020  /  Canada , Contract Terms , Ontario

COVID-19 Guidance and Resources

1. OVERVIEW - The impact of COVID-19 is changing at a rapid pace. The outbreak of the 2019 Novel Coronavirus disease (“COVID-19”) which originated in Wuhan, China, has rapidly spread throughout the world, including Canada...more

Litigation Law Newsletter, Volume 1, Number 2: How to Approach a Contract

February Focus: How To Approach A Contract - Throughout the course of our lives, we are often presented with different types of contracts to sign....more

2/29/2020  /  Contract Terms
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