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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
Torkin Manes LegalWatch

What Every Lawyer Should Know about Raising New Issues on Appeal

Marco P. Falco After a lengthy Court proceeding, lawyers may be tempted to devise new arguments on appeal in the hope of having an unfavourable decision overturned. ...
May 6, 2021
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

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
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