Articles 2024

Litigators can use the Rules of Civil Procedure to better advantage; Kimberly Boara Alexander suggests how.

Following are this week’s summaries of the civil decisions. Ingarra v. 3010999 Ontario Limited (Previn Court Homes) is a reminder to residential real estate lawyers that their clients purchasing new homes have added rights under the Tarion legislation regarding extensions of the closing date. In Zhao v. Li, the Court of Appeal distinguished between singular and ongoing acts of oppression. Other topics included a large fraud against a foreign pension fund.

Ontario’s reformed Construction Act has been fully in force since October 1, 2019. The changes to the Act and its regulations are still settling across the province, at times in surprising ways. In the Ontario Superior Court’s recent decision, The Gatti Group Corp v. Zuccarini, 2019 ONSC 7050 (“Zuccarini”), the Act amplified the defendants’ successful second security for costs motion, resulting in an order that the plaintiff post $95,000 into court in 30 days.

The recent decision in Norcon Marine Services Ltd., (Re), 2019 NLSC 238 (“Norcon”) may have important implications beyond Newfoundland and Labrador. In Norcon, the Court denied an application for a Court-appointed receivership on the basis that the applicant did not demonstrate that a Court-supervised process was “necessary”. In so deciding, among other reasons, the Court put an emphasis on the availability of a private receivership as an adequate alternative avenue of relief.

Federal Court of Appeal reinstates the legitimacy of protective orders in complex intellectual property disputes.

How Imprimo – a public blockchain registry – will improve Canadian copyright protection for visual artists.

Technology lawyer discusses the implications of Theralase Technologies Inc. v. Lanter.

Technology lawyers discuss the privacy, cybersecurity and product liability issues related to 5G and the IoT.

Missed our Leaders and Changemakers Breakfast at this year's OBA Institute? Erin Cowling provides a recap and her thoughts on the program.