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Why commercial realities matter in contractual rectification

Marco P. Falco The Lawyer’s Daily In 2016, the Supreme Court of Canada affirmed in Canada (AG) v. Fairmont Hotels 2016 sec 56, that contractual rectification is available to correct wr...
Jun 22, 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
Novel Coronavirus (COVID-19)

Changes to Civil Procedure and Administration in Light of COVID-19

James A. Round The word “unprecedented” has taken on a new meaning in the context of the COVID-19 pandemic and the measures taken by the Provincial government, the b...
Mar 24, 2020
Novel Coronavirus (COVID-19)

Performing Contracts Honestly: Why it Matters Now More than Ever

Marco P. Falco COVID-19 has had a monumental effect on contractual relations in the past months. Its reach has been expansive, affecting commercial, consumer and ins...
Mar 24, 2020

Tribunals and courts: Defining reasonableness

Marco P. Falco The Lawyer’s Daily Assuming reasonableness review is the applicable standard, Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 establishes that th...
Mar 11, 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

Tribunals and courts: New era of judicial review

Marco P. Falco The Lawyer’s Daily Over the past decade, nothing has led to more spilled ink than the standard of review Canadian courts should apply when reviewing administrative decis...
Mar 4, 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

Statutory interpretation and ‘ordinary meaning’ of words

Marco P. Falco The Lawyer's Daily One of the ways in which Canadian courts interpret legislation is to analyze the “ordinary meaning” of words. Reference is made to the rea...
Dec 17, 2019
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

Does corporate successor liability apply in Canada?

Marco P. Falco The Lawyer's Daily Few doctrines at common law evoke more trepidation for the buyers in an asset purchase agreement than the doctrine of corporate successor liability. ...
Jun 17, 2019
Torkin Manes LegalWatch

A Marriage Made in Limitations Heaven: Section 5(1)(a)(iv) Strikes Again

Marco P. Falco Torkin Manes LegalWatch There are at least two situations in Ontario where a limitation period can be postponed because the plaintiff’s lawsuit is not yet “approp...
Jun 13, 2019
Torkin Manes LegalWatch

Is Section 5(1)(a)(iv) of Ontario’s Limitations Act the new “Special Circumstances”?

Marco P. Falco Torkin Manes LegalWatch When Ontario’s Limitations Act, 2002 came into force in 2004, the Courts made serious efforts to ensure that the new two-year limitation period ...
May 21, 2019
Torkin Manes LegalWatch

Is Corporate Successor Liability a Dead Doctrine in Canada?

Marco P. Falco Torkin Manes LegalWatch The American doctrine of successor liability has long been the source of fear for the parties to an asset purchase agreement.   The doctrin...
Apr 22, 2019
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