Category Archives: Commercial Litigation

Commercial cases in which there is a litigation issue of particular interest.

Two-tier test for conflicts?

Justice Ian Nordheimer, sitting as a single judge of the Divisional Court, recently granted leave to appeal from a decision of Justice Alfred J. O’Marra. The latter had declared that the boutique law firm Lloyd Burns McInnis LLP (“LBM”) could continue as … Continue reading

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C.A. Says Only “Damage” Necessary to Start Limitation Period, Not “Damages”

The language of the Limitations Act, 2002 continues to be interpreted by the courts and an important decision was handed down this week by the Court of Appeal. Hamilton (City) v. Metcalfe & Mansfield Capital Corporation was an appeal from a … Continue reading

Posted in Appeals, Commercial Litigation, Discoverability, Limitation Periods | 2 Comments

“Presumption” that Commercial Plaintiffs Entitled to Compound Interest?

We recently ran across an interesting decision of Mr. Justice Frank Newbould, dealing with the issue of whether prejudgment interest should be compounded. In Enbridge Gas. v. Michael Marinaccio et al, 2011 ONSC 4962 (CanLII), he held that it should be. … Continue reading

Posted in Commercial Litigation, Contract, Damages, Practice and Procedure | 1 Comment

The “Surowiecki Ballot”: A Tool for Multi-Party Mediations

We came across this interesting article on the website for the International Risk Management Institute, Inc. (“IRMI”). It is entitled “A Tool for Multi-Party Insurance Litigation Mediation with ‘Additional Insureds’” and was written by Jeff Kichaven. The title makes the … Continue reading

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Judge Says It’s “Clear” that Limitations Act, 2002 Has Removed Discretion to Provide Relief from Limitation Periods

Although the issue seems to be far from settled in the minds of some judges, Mr. Justice C. Stephen Glithero made the following unequivocal statement in Hughes v. Kennedy Automation Limited about the effect of s. 21(1) of the Limitations … Continue reading

Posted in Commercial Litigation, Discoverability, Limitation Periods | Leave a comment

C.A. Says “No” to Risk Premiums in Costs

The Court of Appeal today released its decision in Ward v. The Manufacturers’ Life Insurance Company. We are familiar with this case because local lawyers Eric R. Williams and Jaye E. Hooper, who acted for the plaintiff Ward, won at trial … Continue reading

Posted in Commercial Litigation, Costs, Insurance News | Leave a comment

Important Decision from S.C.C. on Fiduciary Duties Owed by Solicitors

Today, the Supreme Court of Canada released a much-anticipated decision in Davis & Co. v. Monarch Entertainment Corporation. The case is of particular interest to lawyers practising in the field of commercial law because it has clarified the obligations owed … Continue reading

Posted in Commercial Litigation, Lawyers, Professional Liability | Leave a comment

C.A. Overrules Itself, Says Homeowner Not Liable for Fraudulently-Obtained Mortgage

It is not every day that the Court of Appeal says that one of its earlier decisions was wrongly decided, but that is what happened today. In Lawrence v. Maple Trust Company, a five-member panel of the Court said that … Continue reading

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Third Party Action Against Plaintiff’s Expert Dismissed on Basis of No Duty of Care and “Witness Immunity”

In an interesting decision, just released, Mr. Justice De Lotbinière Panet dismissed a third party claim brought by a defendant against an engineering firm which had provided a report to the plaintiff. Vie Holdings Inc. v. Imperial Oil Limited was … Continue reading

Posted in Commercial Litigation, Evidence, Privilege, Trial Procedure | Leave a comment