Category Archives: Contract

Contracts and agreements

“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

Defendants Negligent in Fatal Diving Accident, But Plaintiffs’ Recovery Barred by Release

We have been aware since June 9 of the release of the decision in Isildar v. Kanata Dive Supply, however the reasons have only now become available on CanLII.  They’re 250 pages long though, so perhaps it’s taken CanLII’s editors until … Continue reading

Posted in Contract, Waivers and releases | 1 Comment

Court Dismisses Uninsured Claim on Basis of Waiver of Subrogation Clause in Lease

Posted in Contract, Insurance News, Subrogation | 1 Comment

Settlement Agreements to be Evaluated Objectively, Not Subjectively: C.A.

In Olivieri v. Sherman et al., the Court of Appeal today allowed an appeal from a decision of Justice Colin Campbell, in which His Honour had refused to enforce a settlement of a defamation suit, involving claims for millions of … Continue reading

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C.A. Discusses Principles of Contractual Interpretation and “Piercing the Corporate Veil”

In Dumbrell v. The Regional Group of Companies Inc., the Court of Appeal has reviewed the principles governing contractual interpretation. It has also provided a useful discussion of the circumstances in which the directing mind of a corporation can (and … Continue reading

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Court Strikes Claim for Intentional Infliction of Mental Distress

In High Parklane Consulting Inc. v. Royal Group Technologies Limited, Mr. Justice Paul Perell struck out a claim for intentional infliction of mental distress, brought by the principal of a company that was itself a plaintiff, suing for breach of … Continue reading

Posted in Contract, Practice and Procedure, Tort News | Leave a comment

C.A. Says Purchaser of House Bound to Complete Deal

  Today, the Court of Appeal released a short ruling in a case involving a disputed real estate transaction. Its reasons are of interest to practitioners in contract law generally, since they show a marked reluctance to allow a party … Continue reading

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