Articles 2022

On September 27th, 2012, nearly 400 civil litigators, judges and friends gathered at Toronto’s spectacular new Ritz-Carlton Hotel to celebrate Mr. Finlay’s professional contributions and all-star accomplishments.

The August, 2012, USA verdict in Apple v. Samsung was a dramatic win in IP and IT law for Apple against its largest global competitor, the Korean IT giant, Samsung.

The fall season marks the start of another busy year for our section executive. Here is a short report on our activities and plans, as well as your invitation to get involved.

The Court of Appeal for Ontario recently issued an important decision overturning the judgment at trial in the Inco class action case.

When litigation arises regarding the proper interpretation of a contract, a common question courts consider is whether extrinsic evidence can be used to vary or modify seemingly unambiguous terms of the binding agreement.

This recent Supreme Court of Canada decision could restrict the ability of judgment creditors to garnish bank transactions. This is a somewhat esoteric banking law case, but it may impact basic debtor/creditor and collection law, the standard fare of many civil, commercial and even family litigators

When defending a plaintiff’s claim for damages allegedly sustained in a motor vehicle accident, a defence that should be considered is the argument that the plaintiff’s damages do not meet threshold.

A letter of request (or letter rogatory) is a request from a foreign court asking the Ontario court to assist in the gathering of evidence for a foreign legal proceeding, either by compelling testimony under oath or by ordering the production of documents for use at trial (or both). 

Kovachis v. Dunn,2011 ONSC 4174 (CanLII) confirms that failure to renew a writ of fieri facias (also referred to as a writ of seizure and sale or writ of execution) within the 20-year limitation period under the old Limitations Act, R.S.O. 1990, c. L.15...

The debate over the likely ameliorative or exacerbating effects on certification of class actions arising from the recent decision in Pennyfeather v. Timminco has been heated.