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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
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
Article

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
Article

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
Article

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
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