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Torkin Manes LegalWatch

How to Prove a Claim for Economic Loss

Marco P. Falco In Canada, actions for pure economic loss in tort law pose a unique set of challenges.
Nov 26, 2021
Article

Do 'prospects of success' determine when limitation clock runs?

Marco P. Falco The Lawyer’s Daily In Ontario, under s. 5(1)(a)(iv) of the Limitations Act, 2002, 5.0. 2002, c.24, Schedule B (the Act), the two­ year limitation period for most civil l...
Nov 22, 2021
Nov 16, 2021
Torkin Manes LegalWatch

Do You Have to Understand your Prospects of Success to Start a Lawsuit?

Marco P. Falco In Ontario, the two-year limitation period for most civil lawsuits starts when the plaintiff knows that their action would be an “appropriate means” t...
Oct 25, 2021
Article

Most common judicial review application mistakes

Marco P. Falco The Lawyer’s Daily As judicial resources become evermore scarce, governments across the country are relying on administrative tribunals to adjudicate disputes.
Oct 1, 2021
Torkin Manes LegalWatch

The Top 5 Mistakes Made on Judicial Review Applications in Ontario

Marco P. Falco As judicial resources become scarce, provincial governments are looking evermore to administrative tribunals to adjudicate disputes.
Sep 8, 2021
Torkin Manes LegalWatch

Is there a “Plausible Inference of Liability”? If so, you Should Start Your Lawsuit Now

Marco P. Falco In most provinces across Canada, a party has two years to start a civil action. This two-year limitation period is triggered the moment the plaintiff ...
Aug 25, 2021
Article

How a plaintiff proves breach of good faith in a commercial contract

Marco P. Falco The Lawyer’s Daily In 2020, the Supreme Court of Canada in CM Callow Inc. v. Zollinger, 2020 sec 45 reinvigorated the duty of honest contractual performance, i.e. the ob...
Aug 16, 2021
Torkin Manes LegalWatch

How to Prove Breach of Good Faith in a Commercial Contract

Marco P. Falco In 2020, the Supreme Court of Canada reaffirmed that parties to a contract have a duty not to “lie or otherwise knowingly mislead each other about mat...
Jul 27, 2021
Article

Pitfalls of appeals and judicial reviews: What every litigator needs to know

Marco P. Falco The Lawyer’s Daily The idea of embarking on a civil appeal or application for judicial review can be daunting for the unversed lawyer.
Jul 8, 2021
Torkin Manes LegalWatch

The Failure to Object in the Lower Court: Is it Fatal to Your Appeal?

Marco P. Falco For decades, the Ontario Court of Appeal has held that, as a general rule, it will not hear appeals from aspects of the lower Court proceeding to whic...
Jun 21, 2021
Article

Raising new issues on appeal

Marco P. Falco The Lawyer’s Daily After a lower court proceeding, lawyers may be tempted to devise new arguments on appeal in the hope of having an unfavourable decision overturned. Ho...
Jun 14, 2021
Article

Appellate Litigation and Judicial Review: A Litigator’s Most Common Mistakes

Marco P. Falco The prospect of embarking on an appeal or application for judicial review from a Tribunal proceeding or a motion, application or trial can be daunting...
Jun 10, 2021
Torkin Manes LegalWatch

What Every Lawyer Should Know about Raising New Issues on Appeal

Marco P. Falco After a lengthy Court proceeding, lawyers may be tempted to devise new arguments on appeal in the hope of having an unfavourable decision overturned. ...
May 6, 2021
Apr 28, 2021
Article

When related criminal proceeding postpones civil action's limitation period

Marco P. Falco The Lawyer's Daily For most civil actions in Ontario, a plaintiff must bring their lawsuit against the defendant within two years. But the two-year limitation period may...
Apr 28, 2021
Torkin Manes LegalWatch

When Does “Another Proceeding” Postpone a Limitation Period?

Marco P. Falco In Ontario, a plaintiff must start their lawsuit against the defendant within two years for most civil actions. But the two-year limitation period may...
Apr 7, 2021
Article

Is summary judgment always the solution?

Marco P. Falco The Lawyer's Daily "Fast justice" may not always amount to good justice.
Apr 5, 2021
Torkin Manes LegalWatch

Is Summary Judgment Always the Answer?

Marco P. Falco “Fast justice” does not always equal good justice. In 2014, the Supreme Court of Canada heralded a new age of civil litigation in Hyrniak v. Mauldin, ...
Mar 16, 2021
Presentation

Legal Research in Practice: What You Didn’t Learn in Law School

Marco P. Falco Watch Marco P. Falco, Partner in the Litigation Department at Torkin Manes LLP, and co-host Cathy Hayhow deliver a seminar on Legal Research in Practi...
Mar 11, 2021
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
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