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Torkin Manes LegalPoint

Claims Against Related Non-Parties to a Joint Venture Agreement: What You Need to Know

Marco P. Falco, Michael Tamblyn and Aleksandar Jovanovic Parties who enter into joint venture / development agreements (“JDA”) are often contractually bound by dispute resolution processes, such as arbitrati...
Jun 8, 2022
May 31, 2022
Article

​Top 4 considerations when seeking a stay pending appeal, judicial review

Marco P. Falco The Lawyer's Daily ​In Ontario, the issue of whether a decision or order is stayed pending an appeal or judicial review depends on the interaction of several statutes an...
May 31, 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
Presentation

Civil Appeals and Judicial Reviews: Common Mistakes and Pitfalls

Marco P. Falco LexisNexis Canada Inc. On Wednesday, May 4th, 2022, Marco Falco presented an Education Program with the Toronto Lawyers Association and LexisNexis Canada about the most comm...
May 6, 2022
Article

‘Boomerang’ summary judgment motion: What you need to know

Marco P. Falco The Lawyer's Daily In its revolutionary 2014 decision, Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada issued a judicial call-to-arms to all litigators: to t...
Apr 27, 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
Article

When to seek security for costs on appeal

Marco P. Falco The Lawyer's Daily Canadian appellate courts are reluctant to have an appeal dismissed without a full hearing on the merits. That being said, where an appeal has little ...
Mar 23, 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
Article

Top five considerations before seeking judicial review in Ontario

Marco P. Falco The Lawyer's Daily Judicial review is the process by which an applicant challenges state action made by a tribunal or other government actor in court.
Feb 17, 2022
Feb 8, 2022
Article

Top 5 Questions to Ask Before Seeking Judicial Review

Marco P. Falco Judicial review is the process by which an applicant challenges a statutory power of decision, made by a tribunal or other government actor, in Court....
Feb 2, 2022
Article

Why business practices matter when analyzing good faith

Marco P. Falco The Lawyer's Daily In the past few years, a trilogy of decisions from the Supreme Court of Canada has established that parties to a commercial contract are bound by the ...
Feb 1, 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
Article

Top 5 considerations before challenging a tribunal decision

Marco P. Falco The Lawyer’s Daily As a discretionary remedy, judicial review asks the court for relief by way of what were once known as the "prerogative writs," including certiorari, ...
Dec 10, 2021
Article

Sonu Dhanju-Dhillon and Nikita Mathew were published in Advocacy Matters

Sumeet (Sonu) Dhanju-Dhillon and Nikita Mathew Advocacy Matters Sonu Dhanju-Dhillon, Liz Hong and Nikita Mathew had an article titled, "Facebook Notification: You’ve been served!" in the Advocacy Matters newsletter...
Nov 29, 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
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