Blaney's Appeals: Ontario Court of Appeal Summaries (May27 – 31, 2019) June 12, 2019 John Polyzogopoulos Following are the summaries for this past week’s civil decisions of the Court of Appeal for Ontario.
Adjudication under the Construction Act: Tight Timelines and Document Management June 11, 2019 Howard Wise and Michael Richards, Goodmans LLP The Construction Lien Amendment Act was passed in December 2017 and substantively changed the Construction Lien Act, now the Construction Act . Its primary purposes were to: (i) modernize the existing Construction Lien Act; (ii) provide prompt payment legislation throughout Ontario; and (iii) introduce adjudication provisions for disputes arising in the course of a contract.
9 Simple Tech Tips to Get Started June 03, 2019 Cheryl Grossman, Entertainment Lawyer A lawyer shares her technology practice tips.
Supreme Court of Canada Confirms Arbitration Clauses and the Exclusion of Class Actions are Enforceable Against Businesses Claims June 01, 2019 Suhuyini Abudulai, Tim Pinos, Carly Cohen and Colin Pendrith The Supreme Court of Canada recently held, in its highly anticipated decision in Telus Communications Inc. v. Wellman, that business customers of Telus cannot avoid the terms of a mandatory arbitration clause by joining a class action with consumers who are not bound by the arbitration clause.
It's a Small World After All: Obtaining Evidence from Persons Outside Ontario June 01, 2019 Marie-Andrée Vermette, partner, Weir Foulds LLP, In this global marketplace, where business across borders has become commonplace, in litigation it is to be expected that some parties or key witnesses may reside outside Ontario. In this article the author describes the tools available to obtain evidence outside Ontario, and the criteria that apply to each of them.
Blaney's Appeals: Ontario Court of Appeal Summaries (May 21 – 24, 2019) June 01, 2019 John Polyzogopoulos Topics covered for this week’s civil decisions of the Court of Appeal for Ontario included annulling a bankruptcy where the bankrupt was not really insolvent and appeared only to try to avoid paying on a judgment, damages for breach of an agreement of purchase and sale of land, discoverability of a claim for negligent tax advice (“appropriate means”), and amending pleadings.
Brown Bag Lunch – May 14, 2019 June 01, 2019 Noah Weisberg and Chris Cieslik (articling student), Hull & Hull LLP Highlights from the May 14, 2019 Brown Bag Lunch, including a discussion on the recent Court of Appeal decision in Quaggiotto v. Quaggiotto, the taxation of power of attorney fees and estate administration issues.
The Canada Business Corporations Act - Practice Advisory May 31, 2019 H.J. Blake, QC LLM, and Lee Abraham, JD, Beard Winter LLP, Bill C-86, the Budget Implementation Act, 2018, No. 2, SC 2018, c 27, received Royal Assent on December 13, 2018, and provides for certain amendments to the Canada Business Corporations Act (“CBCA”), which will come into force on June 13, 2019.
Nevsun and the Canadian Mining Experience May 31, 2019 Naomi Sayers This article explores the responsibilities of Canadian mining companies operating in a global context after the Supreme Court of Canada heard a case in early 2019. Plaintiffs allege Nevsun Resources Ltd. is liable for the actions of its subsidiary in Africa. One issue is whether British Columbia, Nevsun’s corporate jurisdiction, lacked subject matter competence in respect of the claim. The author agrees with the lower courts that British Columbia should hear the case.
Law Society Survey: Lending Client / Finance Company Definitions May 31, 2019 Don Perry, Perry Law The Law Society of Ontario is seeking input on the definitions of "finance company" and "lending client" by June 30, 2019.