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Torkin Manes LegalWatch

Proof of Loss for Breach of Good Faith in Your Business Contract

Marco P. Falco Commercial contracts across Canada are bound by a duty of good faith. This includes the duty to perform the contract honestly and exercise any discret...
Sep 26, 2023
Torkin Manes LegalWatch

Is it Unfair for AI to Make Administrative Decisions?

Marco P. Falco One of the tenets of procedural fairness is the right to reasons for an administrative decision.
Apr 12, 2023
Torkin Manes LegalWatch

The Right of First Refusal and Good Faith in Your Business Contract: What You Need to Know

Marco P. Falco A right of first refusal clause (“ROFR”) can be a critical component to any commercial agreement.
Mar 21, 2023
Torkin Manes LegalWatch

What You Need to Know About Your “Legitimate Expectations” in a Fair Tribunal Procedure

Marco P. Falco Procedural fairness is at the heart of administrative decision-making.
Feb 13, 2023
Torkin Manes LegalWatch

Two Key Lessons When Appealing Arbitration Awards

Marco P. Falco Commercial parties choose arbitration to avoid litigating disputes.
Jan 10, 2023
Torkin Manes LegalWatch

The Top 10 Judicial Review and Civil / Commercial Appellate Cases of 2022

Marco P. Falco As 2022 draws to a close, it is time to take stock of the most important judicial review and civil appellate cases that have occupied the pages of Tor...
Dec 19, 2022
Torkin Manes LegalWatch

Top Five Considerations When Challenging a Tribunal Decision for Unfairness

Marco P. Falco The principle of procedural fairness governs all aspects of tribunal hearings. From the outset of the proceeding, an applicant is entitled to notice o...
Nov 29, 2022
Torkin Manes LegalWatch

Is it Too Late to Seek Judicial Review of Your Tribunal Decision?

Marco P. Falco Under the Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the “JRPA”), most applications for judicial review of an administrative decision in Ontar...
Oct 26, 2022
Torkin Manes LegalWatch

What You Need to Know About “Good Faith” and Your Business Contract

Marco P. Falco Since the Supreme Court of Canada’s ground-breaking decision, Bhasin v. Hyrnew, 2014 SCC 71, all commercial contracts in Canada are bound by the princ...
Sep 27, 2022
Torkin Manes LegalWatch

What You Need to Know about the Courts’ Varying Approaches to Appealing Commercial Arbitration Awards

Marco P. Falco Canadian appeal courts adopt a deferential posture toward commercial arbitration awards.
Aug 29, 2022
Torkin Manes LegalWatch

Top 5 Lessons You Now Need to Learn About Administrative Delay

Marco P. Falco The delay in a regulatory or administrative process can have a profound impact on the parties affected. Delay hinders a party’s psychological well-...
Jul 25, 2022
Torkin Manes LegalWatch

Top 4 Considerations When Appealing Commercial Arbitration Awards

Marco P. Falco Commercial arbitration has two primary goals: efficiency and finality. Parties who enter into private domestic arbitration do so in part to avoid t...
Jul 12, 2022
Torkin Manes LegalWatch

Stays Pending Appeal and Judicial Review: What You Need to Know

Marco P. Falco The commencement of an appeal or application for judicial review may not stop the enforcement of the lower Court or tribunal’s order. In Ontario, th...
May 25, 2022
Torkin Manes LegalWatch

What You Need to Know About “Boomerang” Summary Judgment Motions

Marco P. Falco In 2014, the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7, issued a clarion call requiring civil actions to be resolved by way of summary...
Apr 5, 2022
Torkin Manes LegalWatch

Why Seek Security for Costs on Appeal?

Marco P. Falco Appellate Courts in Canada have limited tools at their disposal to discourage frivolous appeals. Broadly speaking, Courts are reluctant to have an app...
Mar 8, 2022
Torkin Manes LegalWatch

Business Context Matters When Assessing Good Faith

Marco P. Falco In the past few years, a trilogy of decisions from the Supreme Court of Canada has established that the good faith principle includes: (i) A duty of...
Jan 18, 2022
Torkin Manes LegalWatch

The Top 10 Civil and Commercial Litigation Cases of 2021

Marco P. Falco As 2021 draws to a close, it is time to take stock of the most important civil litigation decisions affecting businesses and the practice of law in On...
Dec 22, 2021
Torkin Manes LegalWatch

How to Prove a Claim for Economic Loss

Marco P. Falco In Canada, actions for pure economic loss in tort law pose a unique set of challenges.
Nov 26, 2021
Torkin Manes LegalWatch

Do You Have to Understand your Prospects of Success to Start a Lawsuit?

Marco P. Falco In Ontario, the two-year limitation period for most civil lawsuits starts when the plaintiff knows that their action would be an “appropriate means” t...
Oct 25, 2021
Torkin Manes LegalWatch

The Top 5 Mistakes Made on Judicial Review Applications in Ontario

Marco P. Falco As judicial resources become scarce, provincial governments are looking evermore to administrative tribunals to adjudicate disputes.
Sep 8, 2021
Torkin Manes LegalWatch

Is there a “Plausible Inference of Liability”? If so, you Should Start Your Lawsuit Now

Marco P. Falco In most provinces across Canada, a party has two years to start a civil action. This two-year limitation period is triggered the moment the plaintiff ...
Aug 25, 2021
Torkin Manes LegalWatch

How to Prove Breach of Good Faith in a Commercial Contract

Marco P. Falco In 2020, the Supreme Court of Canada reaffirmed that parties to a contract have a duty not to “lie or otherwise knowingly mislead each other about mat...
Jul 27, 2021
Torkin Manes LegalWatch

Has Your Home Updated its MAiD Policy? Recent Legal Developments in Medical Assistance in Dying

Lisa Corrente In 2015, the Supreme Court of Canada ruled in the Carter decision that sections of the Criminal Code which made it illegal for anyone, including a phy...
Jul 15, 2021
Torkin Manes LegalWatch

The Failure to Object in the Lower Court: Is it Fatal to Your Appeal?

Marco P. Falco For decades, the Ontario Court of Appeal has held that, as a general rule, it will not hear appeals from aspects of the lower Court proceeding to whic...
Jun 21, 2021
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