Publications & Presentations

Torkin Manes LegalWatch

Proof of Loss for Breach of Good Faith in Your Business Contract

Marco P. Falco Commercial contracts across Canada are bound by a duty of good faith. This includes the duty to perform the contract honestly and exercise any discret...

Sep 26, 2023

Article

Is it Time to Regulate the Use of AI in Litigation?

Marco P. Falco Without question, artificial intelligence (“AI”) will revolutionize the practice of civil litigation and administrative law in the next decade.

Aug 23, 2023

Article

Time to regulate use of Al in litigation?

Marco P. Falco Law360 Canada Without question, artificial intelligence will revolutionize the practice of civil litigation and administrative law in the next decade.

Aug 21, 2023

Article

Pursuing a civil appeal: The top five errors lawyers make

Marco P. Falco Law360 Canada After a decision on a motion, application or action has been rendered, the losing party will almost always want to consider an appeal to a higher cour...

Jul 31, 2023

Article

Top 5 Errors Lawyers Make When Pursuing a Civil Appeal

Marco P. Falco After a decision on a motion, application or action has been rendered, the losing party will almost always want to consider an appeal to a higher cour...

Jul 19, 2023

Article

Contractual good faith: What every businessperson needs to know

Marco P. Falco Law360 Canada Since the Supreme Court of Canada's landmark decision in Bhasin v. Hrynew, 2014 sec 71, all contracts in Canada are governed by the principle of good ...

Jun 30, 2023

Article

What Every Businessperson Needs to Know About Contractual “Good Faith”

Marco P. Falco Since the Supreme Court of Canada’s landmark decision in Bhasin v. Hyrnew, 2014 SCC 71, all contracts in Canada are governed by the principle of good ...

Jun 15, 2023

Article

Business contract arbitration clauses: Why the words matter

Marco P. Falco Law360 Canada One of the most overlooked provisions in a commercial contract is an arbitration clause. These clauses typically set out the resolution mechanism the ...

May 23, 2023

Article

Why the Words in your Business Contract’s Arbitration Clause Matter

Marco P. Falco One of the most overlooked provisions in a commercial contract is an arbitration clause. These clauses typically set out the resolution mechanism the ...

May 10, 2023

Article

When Al starts making administrative decisions

Marco P. Falco Law360 Canada One of the tenets of procedural fairness is the right to reasons for an administrative decision. Canadian tribunals and decision-makers have an obliga...

Apr 17, 2023

Torkin Manes LegalWatch

Is it Unfair for AI to Make Administrative Decisions?

Marco P. Falco One of the tenets of procedural fairness is the right to reasons for an administrative decision.

Apr 12, 2023

Article

Blowin’ in the wind: Rights of first refusal, good faith in business contracts

Marco P. Falco Law360 Canada A right of first refusal clause (ROFR) can be a critical component to any commercial agreement.

Mar 28, 2023

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

Two Key Lessons When Appealing Arbitration Awards

Marco P. Falco Commercial parties choose arbitration to avoid litigating disputes.

Jan 10, 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