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Torkin Manes LegalWatch

When Does “Another Proceeding” Postpone a Limitation Period?

Marco P. Falco In Ontario, a plaintiff must start their lawsuit against the defendant within two years for most civil actions. But the two-year limitation period may...
Apr 7, 2021
Torkin Manes LegalWatch

Is Summary Judgment Always the Answer?

Marco P. Falco “Fast justice” does not always equal good justice. In 2014, the Supreme Court of Canada heralded a new age of civil litigation in Hyrniak v. Mauldin, ...
Mar 16, 2021
Torkin Manes LegalWatch

Choices, Choices: What You Now Need to Know about Contractual Discretion

Marco P. Falco Since 2014, the Supreme Court of Canada has recognized that all commercial contracts must be performed honestly, in accordance with the principle of g...
Feb 16, 2021
Torkin Manes LegalWatch

Litigation in the Time of COVID

Marco P. Falco In 2014, the Supreme Court of Canada issued a judicial call-to-arms in Hryniak v. Mauldin, 2014 SCC 7. The Court called for no less than a litigation ...
Feb 2, 2021
Torkin Manes LegalWatch

New and Improved TSX-V Capital Pool Company (CPC) Program Rules Now in Effect

Michael J. Hanley and James Leech On January 1, 2021, the rules governing the TSX Venture Exchange’s capital pool company (“CPC”) program were significantly changed and improved for th...
Jan 15, 2021
Torkin Manes LegalWatch

The Duty of Honesty in Commercial Contracts: What You Now Need to Know

Marco P. Falco In 2014, the Supreme Court of Canada recognized that all parties to a contract have a duty to act honestly: Bhasin v. Hrynew, 2014 SCC 71. This includ...
Jan 4, 2021
Torkin Manes LegalWatch

A New Test for Partial Summary Judgment?

Marco P. Falco One of the tools parties use to shorten the length of civil actions is to resolve their disputes by way of summary judgment. The Supreme Court of Cana...
Dec 14, 2020
Torkin Manes LegalWatch

Is Partial Summary Judgment Dead?

Marco P. Falco Litigation is expensive. Canadian Courts have a number of weapons in their arsenal to address this concern. One of them, the summary judgment motion, ...
Nov 23, 2020
Torkin Manes LegalWatch

Plaintiffs Beware: An Alternative Process May Not Suspend Your Limitation Period

Marco P. Falco Since 2016, it has been Ontario law that where a plaintiff is pursuing an alternative process to a law suit in order to resolve their dispute, the two...
Oct 21, 2020
Torkin Manes LegalWatch

How do Canadian Courts Determine a Statute’s Purpose? The Role of “Soft Law”

Marco P. Falco One of the key factors a Court has to take into account when interpreting legislation is the Act’s purpose.
Sep 21, 2020
Torkin Manes LegalWatch

Disgorgement of Profit: What Every Defendant Needs to Know

Marco P. Falco At the end of July, the Supreme Court of Canada released a major decision about disgorgement—the remedy that restores the defendant’s “wrongful gain” ...
Aug 18, 2020
Torkin Manes LegalWatch

Can Shareholders Sue Personally for Losses in Company Share Value?

Marco P. Falco Since 1843, a corporation has been treated as a distinct legal entity from its shareholders. The practical effect of what is known as the rule Foss v....
Jul 15, 2020
Torkin Manes LegalWatch

When do Courts Allow Recovery for Pure Economic Harm?

Marco P. Falco Where a person or corporation suffers a pure financial loss, contract law ordinarily comes to the rescue. It places the wronged party in the same posi...
Jun 10, 2020
Torkin Manes LegalWatch

Business Realities Matter When Courts “Correct” Contracts

Marco P. Falco Canadian Courts have always had the power to correct mistakes in commercial contracts. The Supreme Court of Canada, in its 2016 decision Canada (AG) ...
May 19, 2020
Torkin Manes LegalWatch

The Duty of Commercial Parties to Act in Good Faith: How Far Does it Go?

Marco P. Falco Since 2014, Canadian contract law has recognized that commercial parties owe one another a duty of “honest contractual performance”, as an element of ...
Apr 23, 2020
Torkin Manes LegalWatch

Using “Good Business Sense” to Interpret Commercial Contracts

Marco P. Falco For decades, Canadian Courts have applied the principle that commercial contracts should be interpreted in a way that avoids business absurdities. An...
Mar 10, 2020
Torkin Manes LegalWatch

How Do Courts Analyze Tribunal Decisions? Supreme Court of Canada Ushers in a New Age of Judicial Review

Marco P. Falco When Courts are asked to scrutinize tribunal or administrative decisions, the first question is the standard of judicial review they should apply. Sh...
Feb 5, 2020
Torkin Manes LegalWatch

When Does a Plaintiff “Discover” a Claim in Ontario? A Principled Approach to Limitation Periods

Marco P. Falco Most civil actions in Ontario are subject to a two-year limitation period under section 4 of the Limitations Act, 2002, S.O. 2002, c.24, Sched. B (the...
Jan 16, 2020
Torkin Manes LegalWatch

Are Commercial Arbitration Awards Immune from Judicial Scrutiny?

Marco P. Falco Sophisticated commercial parties may arbitrate their disputes for a number of reasons. Under Ontario’s Arbitration Act, R.S.O. 1990, c.17 (the “Act”)...
Dec 16, 2019
Torkin Manes LegalWatch

When is a Structure Not A “Structure”? The Modern Approach to Statutory Interpretation

Marco P. Falco When Courts interpret statutes, they consider the “ordinary meaning” of the words used in the legislation. “Ordinary meaning” refers to the reader’s i...
Nov 25, 2019
Torkin Manes LegalWatch

Does Summary Judgment by Agreement Require a Different Legal Test?

Marco P. Falco Torkin Manes LegalWatch As civil trials become more expensive, Canadian Courts are looking for different ways to resolve parties’ disputes. One of these mechanisms is t...
Oct 25, 2019
Torkin Manes LegalWatch

When does ‘Final and Binding’ Mean ‘Final and Binding’?

Marco P. Falco Torkin Manes LegalWatch One of the main purposes of commercial arbitration is to provide an efficient way for the parties to resolve their dispute. By agreeing to take their ...
Sep 16, 2019
Torkin Manes LegalWatch

Not Your Standard “Standard-Form” Contract: The Interpretation of Contracts on Appeal

Marco P. Falco Standard-form contracts are ubiquitous. From insurance to real estate, template agreements are the most common form of contractual obligation between ...
Aug 12, 2019
Torkin Manes LegalWatch

Why a Limitation Period Might Not Run Against Multiple Wrongdoers

Marco P. Falco Torkin Manes LegalWatch A considerable amount of ink has been spilled about section 5(1)(a)(iv) of Ontario’s Limitations Act, 2002. This section postpones the running o...
Jul 9, 2019
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