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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
Article

Revisiting doctrine of 'legitimate expectations' in Canadian administrative law

Marco P. Falco Law360 Canada Procedural fairness is at the core of administrative decision-making. One aspect of natural justice is that if a government actor makes a specific rep...
Mar 14, 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
Article

Challenging tribunal decision for procedural unfairness

Marco P. Falco The Lawyer’s Daily Procedural fairness is one of the hallmarks of an administrative proceeding. A lack of due process compromises the very merits of the decision itself....
Jan 17, 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
Article

Top things to know if you miss judicial review deadline

Marco P. Falco The Lawyer's Daily Most applications for judicial review of an administrative decision in Ontario must be brought within 30 days under ss. 5(1) of Ontario's Judicial Rev...
Nov 24, 2022
Article

The Supreme Court of Canada’s latest word on administrative delay: Five takeaways

Marco P. Falco LEXPERT
Nov 22, 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
Article

Top four things to know about `good faith' and commercial contracts

Marco P. Falco The Lawyer's Daily The Supreme Court of Canada's precedent-setting decision, Bhasin v. Hrynew, 2014 SCC 71, established that all commercial contracts in Canada are bound...
Oct 11, 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
Article

Law governing appeals from commercial arbitration needs clarification

Marco P. Falco The Lawyer's Daily Ontario courts adopt a deferential posture toward commercial arbitration awards. This approach is consistent with the fundamental principle underlying...
Sep 9, 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
Article

What you now need to know about administrative delay

Marco P. Falco The Lawyer's Daily Excessive delay in an administrative process can have a major impact on the parties affected. Delay affects a party's psychological well-being, underm...
Aug 11, 2022
Article

Considerations Before Seeking Judicial Review Checklist (ON)

Marco P. Falco LexisNexis Canada's Practice Guidance tool This checklist identifies some of the most important factors an applicant should consider when deciding to pursue judicial review in the Ontario Divis...
Aug 3, 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
Article

Top four factors to consider when appealing commercial arbitration awards

Marco P. Falco The Lawyers’ Daily There are two main goals to commercial arbitration: efficiency and finality. The purpose is to ensure that a matter is brought to final resolution, wi...
Jul 19, 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 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
Presentation

Building and Attacking Credibility in Direct and Cross-Examination

Neil M. Abramson Speaker, Witness Credibility: EDI, The Advocates Society
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
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