Articles 2021

A recent decision by the Supreme Court of Canada, involving a dispute over whether an agreement governing a parking facility had been adopted by a strata (condominium) corporation, provides a useful summary of basic contract principles applied in the context of a pre-incorporation contract. This decision is important for Ontario not-for-profit corporations and business corporations incorporated in Nova Scotia (even if they operate in Ontario).

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 8, 2021. In Champoux v. Jefremova, the Court confirmed that when a party refuses to admit a fact in a request to admit, the reason for the refusal can itself become an admission. The lesson is that care must be taken in the reasons given to refuse to admit a fact contained in a request to admit.

When the franchise relationship comes to an end, ensuring dissociation from the franchisor while continuing on with business can present challenges. In this case the Court dealt with a dispute as to whether there had been dissociation per the parties' agreement, and provides guidance on what constitutes commercially reasonable efforts.

The recent case of Terranata Winston Churchill Inc. v. Teti Transport Ltd., et al., 2020 ONSC 7577 explores the meaning of a “standard” release in the context of multi-party and multi-action construction disputes. This decision also serves as a warning to settling parties—unconditionally agreeing to an undefined release may have unintended consequences.

In this article, Behzad Hassibi discusses the Ontario Court of Appeal's decision in Waksdale v Swegon North America Inc. This decision will have a significant impact on the enforceability of employment contracts, as many termination clauses that were previously enforceable may now be null and void.

The author discusses Ontario’s new rules for forming Personal Real Estate Corporations.

In this article, John Bartolomeo of the Workers' Health and Safety Legal Clinic shares his thoughts on two of 25 recent recommendations that resulted from an operational review of the Workplace Safety and Insurance Board, which include various amendments to the current appeals system.

The following is a case summary of Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), a Federal Court of Appeal decision considering whether the use of Jurisprudential Guides, a form of "soft law" authorized under the Immigrant and Refugee Protection Act, improperly interferes with adjudicative independence.