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Feb 24, 2021
Article

Has the litigation culture shift happened?

Marco P. Falco The Lawyer’s Daily In 2014, the Supreme Court of Canada issued a judicial clarion call in Hryniak v. Mauldin 2014 sec 7. The court required a litigation "culture shift" ...
Feb 22, 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

Litigation in the Time of COVID

Marco P. Falco In 2014, the Supreme Court of Canada issued a judicial call-to-arms in Hryniak v. Mauldin, 2014 SCC 7. The Court called for no less than a litigation ...
Feb 2, 2021
Article

Commercial Times - The Duty of Honesty in Commercial Contracts: What You Now Need to Know

Marco P. Falco Commercial Times 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 12, 2021
Article

Legal test for partial summary judgment

Marco P. Falco The Lawyer’s Daily 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...
Jan 11, 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
Article

The end of partial summary judgment?

Marco P. Falco The Lawyer’s Daily Litigation is costly. Canadian courts have a number of weapons in their arsenal to address this issue. One of them, the summary judgment motion, has b...
Dec 10, 2020
Article

Lawyers beware: Alternative processes may not suspend limitation period

Marco P. Falco The Lawyer's Daily Since the 2016 decision in 407 ETR Concession Co. v. Day 2016 ONCA 709, Ontario law is clear that where a plaintiff pursues an alternative process to ...
Dec 4, 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
Article

Shareholder actions for loss of share value: Evolution of Ontario corporate law

Marco P. Falco The Lawyer's Daily Does a shareholder have a personal cause of action where harm is done to her personally as a result of a loss in company share value? This is the seco...
Sep 24, 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
Article

Shareholder actions for loss of share value: Are they now possible?

Marco P. Falco The Lawyer's Daily At common law, a corporation has always been treated as a discrete legal entity from its shareholders. The rule in Foss v. Harbottle (1843), 67 E.R. 1...
Sep 18, 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
Article

Economic loss and allegedly flawed financial product

Marco P. Falco The Lawyer's Daily Ordinarily, if a person or corporation suffers pure economic harm, the remedy is a claim for breach of contract. This places the wronged party in the ...
Jul 13, 2020
Article

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)

COVID-19 and “Business Interruption" Insurance Coverage—What you Need to Know

Cody F. Dolgay, Marco P. Falco and Christopher Valente As the COVID-19 crisis unfolds, businesses are looking to insurers to bear the risk of unprecedented financial losses.
Apr 7, 2020
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