WeirTalking - Commercial Litigation Insights

February 14, 2023

Suing the Crown in Ontario: Special Rules Apply

Any party planning to sue the provincial Crown in Ontario should carefully review the Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17 (“CLPA”). The Court of Appeal’s recent decision in Corrigan v. Ontario, 2023 ONCA 39…

Commercial Litigation Insights

Suing the Crown in Ontario: Special Rules Apply

Court of Appeal Clarifies Scope of the Tort of Intrusion Upon Seclusion in Cases of Data Breaches

Supreme Court of Canada: Arbitration agreements may be inoperative where ‘chaotic arbitral processes’ would compromise resolution of a receivership

Ontario Court of Appeal Doubles Down on Entire Agreement Clauses Not Precluding Misrepresentation Allegations

Interpreting Efforts Clauses in a Commercial Contract

Open Access: The Federal Court’s Pilot Project for Online Access to Court Records

Leave May Not Always Be Required to Appeal an Arbitral Costs Award

Ontario Court of Appeal Addresses Use of Fresh Evidence in Obtaining a Declaration that Judgment Debt Survives Bankruptcy

Modernizing Oral Examinations: Changes Are Coming to Rule 34

Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding

Canadian vs. U.S. Defamation Trials: What if Depp v. Heard Took Place in Canada?

When is a Pollutant Not a Pollutant: Total Pollution Exclusions in Commercial General Liability Policies

The Road to Settlement is Paved with Admissible Communications

Court of Appeal Dismisses Class Action Over Expiring Airline Credits

A Deal’s a Deal: Court of Appeal Reaffirms That Setting Aside Contractual Provisions on Public Policy Grounds Should Be Done Sparingly

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