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Torkin Manes LegalWatch

Defendant Knows Best: Reliance on an Expert’s “Superior Knowledge” as a basis for Postponing the Limitation Period

Torkin Manes LegalWatch One of the ways a limitation period can now be postponed in Ontario occurs where a plaintiff relies on the “superior knowledge” of the def...
Feb 20, 2019
Presentation

Litigating in the Legalized Cannabis Era

Ontario Bar Association's Institute — Litigating in a New Era
Feb 5, 2019
Torkin Manes LegalWatch

Beware the Unconscionable Clause: Ontario Court of Appeal Declines to Stay Class Action Based on an Arbitration Agreement

Torkin Manes LegalWatch Arbitration often represents an efficient alternative to the Courts. The parties to a contract agree to by-pass the Court process in the hope that the...
Jan 22, 2019
Torkin Manes LegalWatch

Call Off the Funeral: Ontario Divisional Court Revives “True Questions of Jurisdiction” in Judicial Review

Torkin Manes LegalWatch Over the last decade, Canadian Courts have struggled with the issue of when to apply the less deferential standard of review of “correctness&rdq...
Jan 2, 2019
Presentation

What You Need to Know about Reconsiderations, Appeals and Judicial Review, OBA

Ontario Bar Association’s Adjudicative Tribunal Primer
Dec 10, 2018
Article

Does "Fairness" Play a Role in Statutory Interpretation?

Ontario Bar Association's Civil Litigation Section
Nov 20, 2018
Torkin Manes LegalWatch

What Role Does “Fairness” Play in Statutory Interpretation?

Torkin Manes LegalWatch For decades, the modern approach to statutory interpretation has required judges to discern legislative intent by examining the words of an Act in the...
Nov 13, 2018
Article

Interference with Economic Relations: A Comparative Analysis of American and Anglo-Canadian Approaches

American Bar Association’s Business Torts and Unfair Competition Committee Journal
Nov 6, 2018
Torkin Manes LegalWatch

Section 5(1)(a)(iv) of the Ontario Limitations Act: Not the Broad Provision We all Assumed it to Be

Torkin Manes LegalWatch Section 5(1)(a)(iv) of the Ontario Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the “Act”) postpones the running of the limitation period where...
Oct 9, 2018
Torkin Manes LegalWatch

Presumptive Deference to Tribunals on Appeal: When Will the Courts Intervene?

Torkin Manes LegalWatch When the tribunal’s analysis of the language or application of legislation is challenged on appeal, should the Courts nonetheless defer to that analys...
Sep 10, 2018
Article

Reluctant Review: The Special Status of Domestic Commercial Arbitration Awards on Appeal

The Advocates’ Quarterly, 2018, Volume 48, pp.455-72 Marco P. Falco has published a paper in this Season’s Advocates’ Quarterly regarding the deference owed to domestic commercial arbitrati...
Aug 31, 2018
Torkin Manes LegalWatch

When is an International Arbitration Award “Binding” for the Purposes of Domestic Enforcement?

Successful parties who engage in international commercial arbitration will inevitably want to have the arbitral award recognized and enforced in Ontar...
Jul 26, 2018
Torkin Manes LegalPoint

Report Recommends that the College of Physicians and Surgeons of Ontario Change How it Investigates Complaints and Investigative Reports

On April 30, 2018, the Ministry of Health and Long-Term Care made public Streamlining the Physician Complaints Process in Ontario, a report written in...
May 17, 2018
Torkin Manes LegalWatch

Deference, Deference, Deference: The Effect of Teal on the Standard of Review Applied to Insurance Arbitration Awards

In Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, the Supreme Court of Canada drew an important distinction between how the standard of re...
May 15, 2018
Torkin Manes LegalWatch

Ontario Court of Appeal Affirms the “Minimum Performance Principle” in Calculating Damages for Breach of Contract

In a breach of contract case, the defaulting party may have had alternative ways of performing the contract. This has a direct impact on the Court&rsq...
Apr 25, 2018
Article

Why appealing commercial arbitration awards is an uphill struggle

The Lawyer's Daily The purpose of commercial arbitration is to bring certainty and finality to a dispute without the need for court intervention. Parties choose arbit...
Mar 26, 2018
Torkin Manes LegalPoint

Major Changes to Door-to-Door Home Services Contracts Effective March, 2018

Major amendments to the Consumer Protection Act, 2002, S.O. 2002, c.30, Sched. A., Ontario Regulation 8/18, “Requirements for Direct Agreements ...
Mar 5, 2018
Presentation

Planning Past Unconscious Bias in Arbitration

Facilitator, ArbitralWomen Panel , February 5th 2018
Feb 21, 2018
Torkin Manes LegalWatch

Appealing a Stay of Your Arbitral Award? Make Sure You’re in the Right Place.

After an arbitral award has been issued in a commercial dispute, the parties have limited rights to appeal the award or bring an application to set it...
Feb 8, 2018
Torkin Manes LegalWatch

Seeking a Corporate Oppression Remedy? Make Sure Your Hands Are "Clean".

It has been nearly ten years since the Supreme Court of Canada set out the legal framework for a corporate oppression claim in BCE Inc. v. 1976 Debent...
Jan 8, 2018
Article

Admissibility of Post-Contract Evidence in Canada

American Bar Association, Business Law Today Can Canadian courts consider evidence of the parties’ conduct after they enter into a commercial agreement as an aid to its interpretation? A re...
Dec 18, 2017
Presentation

Trial Advocacy Workshop - Opening Statements & Closing Arguments

Guest Instructor, LPP Advocacy Program , December 13th, 2017
Dec 13, 2017
Torkin Manes LegalWatch

Is An Expert Diagnosis Required to Prove Mental Injury?

In an action for negligence, a plaintiff may make a claim for mental injury resulting from the defendant’s conduct. For years, the common law ha...
Dec 7, 2017
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